If your business name is the name that your customers associate with the goods or services you provide, your business name may be a trademark. Merely by making use of a trademark, the trademark owner establishes rights to the mark. However, these rights may be greatly enhanced or expanded by registering the trademark.
A trademark is used by consumers of goods or services to identify the source of the good or services associated with the mark. Essentially, a trademark consists of two elements – the mark itself and the goods or services associated with the mark. This means that an identical mark may not infringe on your mark if it is associated with different goods or services. However, a non-identical, similar mark may infringe on your mark if it is associated with identical goods or services.
Whether or not your trademark is registered, if somebody else is using the mark, they may be infringing. You may be able to obtain an injunction to prevent further trademark infringement and a monetary award to compensate for damages caused by the infringement.