Your dental practice’s name is more than just a marketing tool—it’s the cornerstone of your brand. It reflects your reputation, builds trust with patients, and helps distinguish your services in a competitive market. But what happens when you find out another dental practice is using a name that’s nearly identical to yours? This can lead to confusion, diluted branding, and potentially lost business. Worse, it can evolve into a full-blown legal battle if not handled correctly. Here’s how to approach trademark disputes professionally and proactively when another dentist uses a similar name.
Understanding Trademarks in Dentistry
Before diving into how to handle a dispute, it’s important to understand what a trademark is—and what it isn’t.
A trademark is any word, phrase, symbol, or design that identifies your dental services and distinguishes them from others. This could be your practice name (“Bright Smile Dental”), a slogan (“Where Every Smile Shines”), or even your logo. If you’re using a name to market your services and that name becomes associated with your brand in the minds of patients, it may qualify as a trademark under U.S. law—even if it’s not officially registered. However, registering your trademark with the United States Patent and Trademark Office (USPTO) provides stronger legal protection and makes it significantly easier to enforce your rights.
It’s also essential to understand the difference between a trade name and a trademark. A trade name is the official name under which your business operates—often registered at the state level. A trademark, on the other hand, is specifically designed to protect your brand identity and marketing presence. Just because you’ve registered your business name with the state doesn’t mean you have trademark rights, especially if someone else registered it as a trademark first.
Identifying Potential Trademark Infringement
Discovering that another dental practice has a similar name doesn’t necessarily mean you’re dealing with trademark infringement. The key legal test is whether the other name is “confusingly similar” to yours.
Courts look at several factors to determine the likelihood of confusion, including:
If you suspect infringement, document everything. Take screenshots, note dates and instances of confusion, and gather any materials showing how the other party is presenting themselves to the public.
Steps to Address Trademark Disputes
Step 1: Send a Cease and Desist Letter
A well-written cease and desist letter is often the most effective—and least expensive—first step. This letter should explain your legal rights, provide evidence of your trademark ownership (or prior use if unregistered), and clearly demand that the other party stop using the similar name.
Tone matters here. While you want to be firm in asserting your rights, being overly aggressive can backfire. Many dental professionals resolve the matter once they’re made aware of the conflict, especially if they weren’t trying to infringe intentionally. It’s always wise to consult an attorney before sending anything official, as a poorly written letter can escalate the issue unnecessarily or hurt your legal position.
Step 2: Open the Door to Negotiation
If the other dentist responds to your letter (or if you’re on the receiving end), it may be possible to reach a negotiated agreement. Options include:
Reaching a settlement can save everyone time, money, and stress—and protect patient relationships on both sides.
Step 3: Explore Alternative Dispute Resolution (ADR)
If the matter can’t be resolved through direct communication, mediation or arbitration may be a smart next step. These methods allow both parties to present their case before a neutral third party, often leading to more creative solutions than you’d get in court. ADR is also more private and usually less expensive than full litigation.
Step 4: Consider Litigation as a Last Resort
Sometimes, the only option left is legal action. If the other party refuses to stop using the similar name and your practice is suffering reputational or financial harm, filing a trademark infringement lawsuit in federal court may be necessary. A successful lawsuit can result in an injunction (forcing them to stop using the name), financial damages, and potentially even recovery of your attorney’s fees. However, litigation is time-consuming, expensive, and emotionally draining—so it’s worth exploring all other options first.
Preventative Measures for Dentists
The best way to deal with trademark disputes is to avoid them altogether. Here’s how:
Conduct a Comprehensive Name Search
Before you finalize a practice name, do your homework. Search the USPTO trademark database, run Google and Yelp searches, and check dental directories and social media. Look for existing practices with similar names—not just exact matches—and pay attention to regional overlaps. Just because a name is available as a business entity in your state doesn’t mean someone else isn’t already using it elsewhere.
Register Your Trademark Early
If you’re serious about protecting your practice name, consider registering it as a federal trademark. Doing so gives you nationwide rights to the name and makes it easier to enforce those rights if someone tries to infringe on them. A registered trademark is also a valuable business asset and adds legitimacy to your brand.
Monitor the Marketplace
Once your practice is up and running, set up tools to help you monitor your brand. Google Alerts, social media searches, and periodic USPTO checks can alert you to new businesses or applications that might conflict with your trademark. Early detection makes enforcement much easier.
Keep Detailed Records of Your Branding
Save copies of marketing materials, patient communications, logos, and advertisements. These can serve as proof of your brand’s identity and reputation, which is important if you ever need to prove your rights in a dispute.
Final Thoughts
Trademark disputes are more common than you might think—especially in specialized fields like dentistry, where practice names often sound similar or follow popular naming conventions. Taking the right steps early on, both when selecting your practice name and when responding to potential infringement, can save you time, stress, and money down the road.
If you find yourself in a situation where another dentist is using a confusingly similar name, don’t panic. Take a calm, strategic approach—and get legal guidance before making any major moves.
Contact Dental & Medical Counsel for Help with Trademark Disputes
At Dental & Medical Counsel, we’ve helped hundreds of dentists protect their brand and resolve trademark conflicts quickly and effectively. Whether you're in the early stages of choosing a name or you're facing a serious infringement issue, our team understands the unique needs of dental professionals. We’ll guide you through every step—registration, monitoring, negotiation, or litigation—to help you secure and defend the brand you’ve worked hard to build.
Frequently Asked Questions
Q: What is a trademark, and how does it apply to my dental practice?
A: A trademark protects the elements of your brand—like your practice name, logo, or slogan—that distinguish your services from others. It helps patients identify your business and prevents others from using similar branding that might cause confusion.
Q: Do I need to register my dental practice’s name as a trademark?
A: Technically, no—but registering your trademark with the USPTO gives you stronger legal rights and nationwide protection, making it easier to stop others from using a similar name.
Q: I registered my business name with the state. Isn’t that enough?
A: Not necessarily. A state-registered trade name is different from a trademark. Trademark rights are based on usage and distinctiveness in the marketplace, and federal registration offers broader protection.
Q: How do I know if another practice is infringing on my trademark?
A: You may have a case if their name is “confusingly similar” to yours and is likely to mislead patients. Signs include similar sounding or looking names, overlapping services, shared marketing channels, or actual patient confusion.
Q: What should I do if I think another dentist is using a name too close to mine?
A: Start by documenting everything—ads, websites, patient mix-ups, etc. Then, consult with an attorney about sending a cease and desist letter and exploring your legal options.
Q: What does a cease and desist letter include?
A: It outlines your trademark rights, provides evidence of use or registration, and asks the other party to stop using the conflicting name. It should be firm but professional to encourage resolution without escalating the conflict.
Q: Can we just agree to both use the name if we’re in different cities?
A: Possibly. If there’s little chance of patient confusion, you may be able to reach a coexistence agreement—but it’s important to document the terms clearly and consult legal counsel first.
Q: What if the other party doesn’t respond or refuses to cooperate?
A: You can consider alternative dispute resolution (like mediation or arbitration), or, if necessary, file a lawsuit for trademark infringement in federal court.
Q: How can I prevent trademark disputes from happening in the first place?
A: Do a thorough name search before choosing your practice name, register it as a federal trademark, and regularly monitor the marketplace for similar branding.
Q: When should I contact an attorney about a trademark issue?
A: As soon as you suspect a conflict or want to protect your practice name. An attorney can help you register your trademark, evaluate risks, send effective letters, and pursue enforcement if needed.
At Dental & Medical Counsel, we've been instrumental in realizing the practice goals of countless dentists. Whether you're looking to purchase, launch, or sell a dental practice, our expertise is your guide. Beyond the initial stages, we're committed to ensuring your dental practice remains legally compliant.
We provide comprehensive support, including employment law protections, dental contract reviews, and assistance with dental employment agreements. Additionally, we specialize in incorporating dental practices and securing trademarks. And for long-term planning, our services extend to helping dentists with succession and estate planning. Trust us to be your partner in every step of your dental practice journey.
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About Ali Oromchian, Esq.
Your Dental Lawyer
Ali Oromchian, JD, LL.M., is a leading legal authority in dental law and the founding attorney of Dental & Medical Counsel, PC, with over two decades of experience. His deep connection to dentistry comes from his wife's nearly two-decade-long career as a pediatric dentist.
This personal insight fuels his dedication to empowering dentists to navigate their legal challenges and achieve their practice goals. In doing so, Ali has helped thousands of doctors open their practices while maintaining legal compliance.
Ali is frequently quoted and contributes articles to dental publications, including the California Dental Society, Progressive Dentist, Progressive Orthodontists, Dentistry Today, Dentaltown, and The New Dentist magazines, further showcasing his commitment to the dental community.
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