Someone Filed a Trademark on My Shop Name: A US Seller's Guide

This guide is general information for US sellers. It isn't legal advice, and reading it doesn't create an attorney relationship. If real money or your shop is at stake, talk to a trademark attorney.

You search your shop name one evening and there it is in the USPTO database, filed by a company you've never heard of. Maybe it's for the same mugs you sell on Etsy. Maybe it's for something unrelated. The steps below help you figure out which situation you're in and how much time you have.

Your LLC or DBA isn't a trademark

Registering an LLC or filing a DBA lets you do business under a name in your state. It doesn't give you trademark rights in that name. The USPTO explains that you become a trademark owner when you start using the mark with your goods or services, and that those use-based rights are limited to the area where you actually sell. Federal registration is what creates nationwide rights (USPTO, What is a trademark?).

So if you've been selling under the name for years, you may have real rights even without a filing. They're just narrower and harder to prove.

First checks on the filing

Open the USPTO trademark search and pull up the record. Look at whether it's a US application, which goods or services it lists, and whether it's still pending or already registered.

The goods matter more than most sellers expect. A trademark covers how a word is used with specific goods or services, so a similar name for unrelated products may not affect you at all (USPTO). Read the goods list closely, though. The USPTO itself warns about applicants who over-claim, and gives the example of a lighting company that lists air purifiers it never planned to sell (USPTO, Recognizing common scams). If a filing lists your exact product category, that's the one to take seriously.

Status tells you which tool you'll use later. A pending application that hasn't been published yet gives you time to prepare. A published one puts you on the clock. A registered one means you've missed the opposition stage.

Prior use and the evidence to keep

Since rights start with use (USPTO), your best asset is dated proof that you used the name first. Save your first sale receipts and order emails showing the shop name. Screenshot old listings and keep the dates. Packaging photos, invoices from your label printer, and social posts with timestamps all help. If you ever end up at the Trademark Trial and Appeal Board claiming an unregistered mark, the USPTO asks you to attach an image of that mark, so keep a clean copy of your logo too (USPTO, Initiating a new proceeding).

The timeline you're working against

After an examiner approves an application, the mark is published in the weekly Trademark Official Gazette. Publication starts a 30-day period when anyone who thinks they'd be harmed can file a Notice of Opposition with the TTAB (USPTO, Approval for publication). If nobody opposes or asks for an extension within those 30 days, the mark moves on to registration or a notice of allowance (USPTO, TTAB).

You can ask for more time, but it has to be filed before the 30 days run out. Your first request can be 30 days, granted on request, or 90 days if you show good cause. The total can never go beyond 180 days from the publication date (37 CFR 2.102). Mark the publication date on your calendar the day you find it.

Opposing now or cancelling later

An opposition is filed during the publication window, through TTAB Center with a MyUSPTO account, a written pleading, and a fee. The pleading has to state facts showing you have standing and a legal ground for opposing (USPTO, TTAB).

If the mark has already registered, you'd file a petition for cancellation instead. That can be filed at any time, but after a mark has been registered for more than five years, only the grounds in Trademark Act section 14 remain available (USPTO, TTAB). Waiting costs you options.

Call an attorney once you're seriously thinking about either filing, or as soon as the other side contacts you. These are legal proceedings with fees and deadlines, and a short consult is cheap compared to losing your name. If you're looking for one, the USPTO says it doesn't recommend specific companies or attorneys, so be wary of anyone claiming its endorsement (USPTO).

Amazon Brand Registry and Etsy IP reports

This is where an outside filing can hurt a marketplace seller fast. The USPTO notes that some ecommerce sites ask trademark owners to enroll in brand registries, and that the site sends a verification code to the email on the USPTO record. Scammers have changed that email in USPTO records to claim brands that aren't theirs (USPTO). Check Amazon's current Brand Registry requirements at brandservices.amazon.com before you rely on it.

On Etsy, IP complaints go through the Etsy Reporting Portal, and only the owner of the property or someone authorized by the owner can report. Etsy suggests contacting the seller first. If a report complies with its policy, Etsy removes the content and contacts the affected members. Etsy also says it can't make legal decisions about infringement or take sides (Etsy Help). If your listings get pulled after someone else's report, that's usually the point to bring in an attorney.

Scam infringement messages

Trademark records are public, and scammers use them. According to the USPTO, they pose as USPTO staff, claim there's a problem with your filing, and push you to pay right away. Real USPTO emails come from addresses ending in @uspto.gov, and the USPTO never asks for payment by wire transfer or gift card. Official letters are always uploaded to TSDR, so if it isn't in TSDR, it isn't official. You can also call the Trademark Assistance Center at 1-800-786-9199 to check (USPTO, Recognizing common scams).

A message from a "brand owner" demanding money to keep selling deserves the same skepticism. Look up their claimed registration number yourself before you reply.

Preventing the next surprise

Search the USPTO database before you commit to a new shop or product name. That catches what's already filed. New filings keep arriving every week, and the opposition window is only 30 days after publication, so the sellers who catch problems in time are the ones who were watching.

That's what ClashOwl does. It's a daily US trademark-watch email for small brands, built on USPTO data, so you hear about a similar filing while you still have time to act. It costs $15/mo or $149/yr.

FAQ

Does my LLC or DBA give me trademark rights?

Not by itself. Trademark rights come from using the name to sell goods or services, and federal registration adds nationwide rights (USPTO).

How long do I have to oppose?

30 days after publication in the Official Gazette, unless you get an extension. Extensions top out at 180 days from publication (37 CFR 2.102).

What if the mark already registered?

You can petition to cancel it at the TTAB. After five years of registration the available grounds shrink (USPTO).

Is the email saying my trademark is in trouble real?

Check TSDR and the sender's address. Official USPTO email ends in @uspto.gov (USPTO).