Think of a dreadful situation where your 40 years old family business is in trouble since another person started a different company in different state using your entity name, that too with the same business line. It could generate a direct and stiff competition with your company as well. Since both of the parties are working on a same business process and customer profile though in a separate state, it might slide into your own business plan. Thus the safety and financial security are big concern for you.
Once started loosing the business deals to your competitor, you might get divulged into patent lawyers help and want to know whether any legal action would provide you necessary remedies or not. If you are in continuous touch with a patent lawyer he or she may suggest you the legal steps to be taken against the competitor. In modern businesses with extensive internet search availabilities, you man feel your business is under security threat or can be stolen or pirated. But with the same medium you may execute your rights by using trade names and thus exclude any unwanted entries if any.
Talk to a lawyer who would suggest you whether to threat or ultimately pursue legal action against the competitor using the same trade names. Now cost of the whole litigation process is another factor you must concentrate. It may extend up to tens of thousands of dollar to run the proceedings, so make your mind whether to go ahead to protect your business name or not. Since your business has been around for a long years it will help you and work in your favor. You may show that your business with secondary meaning in the industry may confuse the customers and divert them to your competitors using same trade names.
Better register a trademark or a service mark with the US Patent and Trademark Office after discussing with your patent attorney.
Helpful Guide:
As US Laws and Law related proceedings are completely state specific, for Namibia related trademark violation cases visit only a Namibia Patent Lawyer.
Why trademark registration is so important?
Necessity and Requirements to file a federal trademark application