What should you do if a competitor has registered a trademark for messaging or a brand mark that you have been using since before their registration?

If a competitor has trademarked your brand's messaging or mark, act quickly—your IP is your equity. The key steps are:

**Immediate actions:** - **Gather evidence** of your prior use (packaging, media coverage, marketing materials, trade show presence, etc.) and document that the competitor had not used it before their registration. Members recommend collecting as much documentation as possible—one member had around 1,000 documents evidencing their use. - **Check the registration status** and determine if it is still within the opposition period (typically around 3 months from publication), which strengthens your challenge. - **Seek legal advice immediately** from an IP lawyer to assess your options and the costs involved.

**Challenge and negotiation:** - You can **challenge the award of the trademark** by submitting evidence of your prior use and their lack of use before registration. Members highlighted that this process can be lengthy and expensive—a reference case (Bacardi's challenge of an "Angels Envy" trademark) started with £600 in fees but became a protracted battle. - Some members suggest starting with an **informal email** to the competitor if you believe the infringement may not be intentional, to gauge their response before escalating to legal action. - **Weigh the cost-benefit carefully**, considering the size of your competitor and their financial resources, as legal proceedings can be time-consuming and costly.

**Jurisdictional note:** US trademark law is more favorable to your position than UK/EU law, as it is based on actual usage rather than who registered first.

**Warning:** This is often an infuriating and resource-heavy process; get legal counsel to confirm timelines and your best path forward.