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The Junior User’s Playbook: Using and Claiming a Trademark a Competitor Already Uses But Has Not Registered

It is one of the more common questions a trademark practitioner fields at the start of a brand launch: “We found the name we want to use, but somebody else is already using it — and they never registered it. Are we blocked?” Surprisingly, the answer is oftentimes “not necessarily.”

11 minute read August 01, 2026 at 12:11 AM
By
Scott G. Brown
The Junior User’s Playbook: Using and Claiming a Trademark a Competitor Already Uses But Has Not Registered

It is one of the more common questions a trademark practitioner fields at the start of a brand launch: “We found the name we want to use, but somebody else is already using it — and they never registered it.

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