Trade mark legislation, and passing off legislation, protect marks being used. They don't (in general) protect one's "ability to establish [a] brand's identity"

Trade mark legislation, and passing off legislation, protect marks being used. They don't (in general) protect one's "ability to establish [a] brand's identity". That's the right way to do things IMO, brand camping wouldn't help society. Prima facie it sucks but they can probably get global coverage for their product/services they're already selling (trademark registration requires current use, someone said the OP company have a trademark registered) on the basis of "what do we do now Facebook are using our name". It seems likely that if they can't leverage this for financial benefit, in a forthright way, then they were going to fail anyway.