What are the first steps to take if I discover another California business is using my registered business name?

If another California business is using your registered name, your first step is to formally demand they stop using it through a cease and desist letter after confirming your rights and gathering evidence. Step 1: Confirm Your Rights and Their Registration First, verify your business name registration is active. Go to the California Secretary of State's "Business Search" tool online. Confirm your entity's status and registration date. Use the same tool to research the other business to see if and when they registered their name. Save PDF copies of both business entity detail pages. Step 2: Gather Evidence of Their Use Collect clear evidence of the other business using your name. Take screenshots of their website, social media profiles, and online ads. If possible, take photos of their physical location, signage, or products. Keep copies of any marketing materials that show them using the name in a way that could confuse customers. Step 3: Send a Cease and Desist Letter Draft a formal letter demanding that the other business stop using the name. The letter should state that you have prior rights to the name, provide your entity registration number, and detail how their use is causing confusion or harm. Demand they stop all use of the name by a specific deadline and send it via Certified Mail with Return Receipt to have proof of delivery. Step 4: File a Business Entity Name Complaint If the other party registered a corporate or LLC name with the Secretary of State that is deceptively similar to yours, you can file a "Business Entity Name Complaint" form. You can find this form on the California Secretary of State’s website. This alerts the state to the potential violation of Corporations Code Section 201(b). Important details: Having a registered corporate or LLC name with the Secretary of State prevents another entity from registering a deceptively similar name. However, for broader protection against the use of a name in commerce, you need trademark rights, which are typically established by being the first to use the name in a specific market. Warnings: This process can become adversarial. The other party may ignore your letter or claim they have a right to use the name. Proceeding to litigation for trademark infringement or unfair competition under the Business and Professions Code can be expensive and complex. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney to understand your specific rights and options.