You’ve built your Colorado business from the ground up, and now you’ve discovered another company is using your business name or a confusingly similar trademark. It’s frustrating, potentially damaging to your reputation, and you’re not sure where to start.
What to do if someone is using your business name or trademark in Colorado depends on several factors: whether you’ve registered your trademark, how the other party is using it, and what legal protections you actually have. The good news? You have options, and many disputes can be resolved without lengthy court battles.
This isn’t uncommon. We’ve worked with Colorado business owners who’ve discovered copycat names on Google, competitors using similar logos, or even former partners launching suspiciously branded ventures. The key is acting methodically and understanding your rights before you react.
This post walks through the practical steps to take when someone is infringing on your business name or trademark, from initial documentation to legal remedies available under Colorado and federal law. As of 2026, trademark disputes have increased by approximately 18% nationally, making it more important than ever to understand your rights and enforcement options.
Before you take action, you need to understand what protection you currently have. Not all business names receive the same level of legal protection, and your rights depend heavily on how you’ve registered and used your mark.
If you’ve registered a trademark with the United States Patent and Trademark Office, you have federal protection across all fifty states. This gives you the strongest legal position and the broadest enforcement rights. Federal registration creates a legal presumption that you own the mark and have exclusive rights to use it in connection with the goods or services listed in your registration. In 2026, the USPTO processes over 700,000 trademark applications annually, with approval rates hovering around 65%.
If you’ve only registered your business name with the Colorado Secretary of State as part of your LLC or corporation formation, you have more limited protection. That registration prevents other businesses from forming entities with identical names in Colorado, but it doesn’t give you trademark rights. Someone could still use a similar name as a DBA or in a different business structure.
Common law trademark rights arise simply from using a mark in commerce, even without formal registration. If you’ve been using your business name to sell products or services, you may have common law rights in the geographic areas where you operate. These rights are harder to enforce and prove, but they do exist. High Plains Law regularly advises clients on how to document and strengthen these common law rights before pursuing enforcement action.
When you first discover potential infringement, resist the urge to fire off an angry email or phone call. Documentation and strategy come first.
Start by documenting everything about the other party’s use. Take screenshots of their website, social media profiles, advertising, and any physical locations. Note the dates, save copies of marketing materials, and record where and how they’re using the name or mark. This evidence becomes critical if you need to pursue legal action later.
Research the scope of their use. Are they operating in the same industry as you? Selling similar products or services? Operating in the same geographic area? Trademark law focuses on likelihood of confusion, so the closer their business is to yours, the stronger your case becomes.
Determine when they started using the mark. In many trademark disputes, the first user wins. If they’ve been using the name longer than you have, your options may be limited. Check their business formation date with the Colorado Secretary of State, review domain registration dates, and look for archived versions of their website.
Even if you didn’t do a thorough search before launching your business, you should do one now. Understanding the full landscape helps you assess your position.
Search the USPTO database for federal trademark registrations and pending applications. The other party may have already filed for federal protection, which changes your strategy significantly. The USPTO provides free search tools on their website.
Check the Colorado Secretary of State business database for entity registrations. This shows you whether they’ve formally registered the name as part of a business entity, and when that registration occurred.
Search common law uses beyond formal registrations. Google the business name, check social media platforms, review industry directories, and search for press mentions. These establish a timeline and help you understand the scope of their operations.
At High Plains Law, we often conduct these searches for clients who’ve discovered infringement, because the results directly inform what steps make sense next. Sometimes the research reveals the other party has a stronger claim than our client initially thought, which prevents expensive litigation that wouldn’t succeed. A comprehensive trademark search typically costs between $500 and $2,000, but can save tens of thousands in misdirected legal fees.
Once you’ve documented the infringement and confirmed your rights are stronger, a cease and desist letter is typically the next step. Many disputes resolve at this stage without litigation.
A cease and desist letter formally notifies the other party that they’re infringing on your trademark rights and demands they stop using the mark. The letter should outline your trademark rights, provide evidence of your prior use, explain how their use creates confusion, and specify what actions you want them to take.
The tone matters. An overly aggressive letter can backfire, making the recipient defensive and less likely to cooperate. A well-crafted letter is firm but professional, presenting clear facts and legal basis while leaving room for dialogue.
You’ll want to set a reasonable deadline for response, typically ten to twenty days. This gives them time to consult with their own attorney and respond thoughtfully, but doesn’t drag out indefinitely.
Keep in mind that sending a cease and desist letter is a serious legal step. In some situations, if your claims are weak or made in bad faith, you could face liability for improper threats. This is why we generally recommend having an attorney review the situation and draft the letter rather than sending something yourself. Studies show that professionally drafted cease and desist letters achieve voluntary compliance in approximately 40% of trademark disputes.
Trademark law doesn’t require identical copying to find infringement. The standard is whether consumers are likely to be confused about the source of goods or services.
Courts consider multiple factors when evaluating likelihood of confusion. The similarity of the marks themselves, the similarity of the goods or services, the sophistication of the buyers, evidence of actual confusion, the strength of your mark, and the defendant’s intent all play a role. These factors come from the Tenth Circuit’s application of federal trademark law.
Similar marks in unrelated industries may coexist without confusion. A landscaping company and a software company could potentially both use “GreenLeaf” without infringement, because consumers wouldn’t confuse the source. But two landscaping companies in the same city using similar names creates obvious confusion.
Geographic overlap matters significantly for businesses relying on common law rights rather than federal registration. If you operate exclusively in Denver and the other party operates exclusively in Grand Junction, there may be room for both businesses to use similar names without creating confusion in the marketplace.
If the other party doesn’t respond to your cease and desist letter or refuses to stop using the mark, you have several legal options depending on the nature of your trademark rights.
Federal trademark infringement claims are filed in federal court if you have a USPTO registration. These cases can result in injunctions ordering the defendant to stop using the mark, monetary damages for lost profits or the defendant’s profits from the infringement, and in cases of willful infringement, treble damages and attorney’s fees. The Lanham Act, which is the federal trademark statute, provides these remedies.
Colorado common law unfair competition and trademark infringement claims can be filed in state court even without federal registration. Colorado recognizes common law trademark rights and prohibits unfair competition that creates confusion about the source of goods or services. These claims can also result in injunctions and damages, though they’re generally more limited in geographic scope.
You might seek a preliminary injunction early in the case to stop the infringing use immediately rather than waiting for trial. Courts grant preliminary injunctions when you can show you’re likely to succeed on the merits, you’ll suffer irreparable harm without an injunction, the balance of hardships favors you, and an injunction serves the public interest.
In some cases, you might negotiate a coexistence agreement instead of pursuing litigation. These agreements allow both parties to use similar marks under specified conditions that minimize confusion, such as operating in different geographic areas, different industries, or with distinguishing elements added to the marks.
Litigation is expensive and time-consuming. Before committing to a lawsuit, consider whether mediation or arbitration might resolve the dispute more efficiently.
Mediation involves a neutral third party who helps both sides reach a voluntary settlement. It’s non-binding, so if you don’t reach an agreement, you can still pursue litigation. Mediation works well when both parties are willing to negotiate but need help finding middle ground.
The cost difference between mediation and litigation can be substantial. Mediation typically costs between $3,000 and $8,000 and concludes within weeks or months. Trademark litigation can easily cost $50,000 to $150,000 and drag on for years.
We’ve seen mediation work particularly well in disputes between small businesses where both parties have some legitimate claim to the name or where they operate in slightly different niches. A skilled mediator can help structure a coexistence agreement or transition plan that both sides can accept. High Plains Law frequently represents clients in trademark mediation, often achieving favorable settlements in 60-70% of cases.
Once you’ve resolved the immediate infringement issue, take steps to protect yourself from future problems.
Register your trademark with the USPTO if you haven’t already. Federal registration provides nationwide protection, creates a public record of your rights, gives you legal presumptions in litigation, and allows you to stop infringing imports at the border. It’s the single most effective protection you can obtain. Under 2026 regulations, the USPTO offers expedited examination for an additional fee of $800, reducing processing time from 12-18 months to 6-8 months.
Monitor for new infringing uses regularly. Set up Google Alerts for your business name, periodically search the USPTO database for new applications, and watch for similar names in your industry. Catching infringement early makes it much easier to stop.
Use your trademark consistently and properly. Always use the mark in connection with your goods or services, use it as an adjective rather than a noun or verb, use the ® symbol if you have federal registration or ™ if you don’t, and maintain consistent branding across all platforms (see Protecting Your Brand). Proper use strengthens your mark and makes it easier to enforce.
Document your use of the mark over time. Keep dated examples of advertising, product packaging, promotional materials, and sales records. This evidence establishes your priority of use and the strength of your mark if you need to enforce your rights later.
Trademark disputes involve complex legal questions that can significantly impact your business. While you can take some initial steps yourself, working with an attorney who focuses on business and trademark law provides substantial advantages.
An attorney can accurately assess the strength of your trademark rights and the likelihood of success in a dispute. Not every case of similar names constitutes legal infringement, and an honest evaluation can save you from pursuing claims that won’t succeed.
Legal counsel can develop a strategic approach tailored to your specific situation and business goals. Sometimes the best outcome isn’t complete elimination of the other party’s use, but rather a negotiated agreement that protects your core business while avoiding expensive litigation.
Attorneys can handle negotiations and litigation more effectively than business owners representing themselves. They understand the procedural requirements, know how to present evidence persuasively, and can negotiate from a position of legal knowledge rather than emotion.
In our work with Colorado small businesses, High Plains Law has found that clients who involve legal counsel early in trademark disputes generally achieve better outcomes at lower total cost than those who wait until the situation has escalated into litigation. Early intervention can reduce total legal costs by 30-50% compared to waiting until formal litigation is necessary.
Discovering someone is using your business name or trademark can feel like a threat to everything you’ve built, but you don’t have to navigate this situation alone. The right legal strategy depends on the specific facts of your case, your business goals, and the strength of your trademark rights.
We work with Colorado small businesses facing exactly these situations. We can assess your trademark rights, develop a practical strategy, handle negotiations, and if necessary, pursue litigation to protect your business identity.
If you’re dealing with potential trademark infringement, let’s talk about your specific situation. We offer straightforward consultations where we’ll review what’s happening, explain your options, and help you decide on the most effective next steps.
When you’re figuring out what to do if someone is using your business name or trademark in Colorado, having experienced legal counsel makes all the difference between a quick resolution and a costly, drawn-out dispute.
You can still enforce your rights based on common law trademark protection if you’ve been using the mark in commerce. Document your use, establish when you started using the mark, and consult with an attorney about sending a cease and desist letter and potentially filing a state court unfair competition claim. Your geographic scope of protection will generally be limited to the areas where you’ve actually used the mark and established recognition.
Trademark law protects against likelihood of confusion, so if the other business operates in a completely different industry and there’s no reasonable chance consumers would confuse the two businesses, you may not have grounds for an infringement claim. However, if your mark is particularly distinctive or famous, or if their use might suggest sponsorship or affiliation, you may still have options worth discussing with an attorney.
While there’s no strict statute of limitations for trademark infringement, waiting too long can hurt your case through the legal doctrine of laches, which penalizes unreasonable delay. If you knowingly allow someone to use a confusingly similar mark for years without objection, a court might find you’ve waived your right to stop them. Act as soon as you discover the infringement.
Registration with the Colorado Secretary of State doesn’t create trademark rights; it only prevents identical entity names. If you were using the name in commerce before their registration, you may still have superior trademark rights based on common law use. Consult an attorney to evaluate the timeline and strength of both parties’ claims (learn more about Business Formation and Protection).
Yes, Colorado state courts have jurisdiction over trademark disputes involving common law trademark rights and state unfair competition claims. Federal court is required only for claims based on federal trademark registration. Your attorney can help you determine which court is most appropriate for your specific situation.
If the other party ignores your cease and desist letter, you’ll need to decide whether to escalate to litigation or attempt other resolution methods like mediation. An ignored cease and desist letter can actually strengthen your position if you later sue, because it demonstrates their willful continuation of infringing activity after being notified of your rights.
Costs vary significantly based on the complexity of the case and how far it progresses. A cease and desist letter might cost between $1,500 and $3,500. Mediation representation might range from $5,000 to $12,000. Full litigation can range from $25,000 to well over $100,000 depending on the case’s complexity. Most attorneys will discuss fee structures and options during an initial consultation.
No, you don’t need the ® symbol to have trademark rights, but you can only use that symbol if you have federal registration. If you’re using an unregistered mark, you can use the ™ symbol to indicate your claim of trademark rights. Common law rights based on actual use in commerce are enforceable even without any symbol, though proving those rights requires more evidence than registered marks.
Disclaimer: This article is provided by High Plains for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws, fees, regulations, and court decisions referenced may change. For advice on your specific situation, please contact High Plains directly to schedule a consultation.
High Plains Law is a division of Gessler Blue LLC. All legal services are provided through Gessler Blue LLC.
The content on this website is not legal advice and is intended for general informational purposes only.
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The content on this website is not legal advice and is intended for general informational purposes only.
No attorney-client privilege is formed by use of this website or the content hereon.
