The retailer is battling with New York-based women's clothing manufacturer Nevada Apparel Corp, which has registered Topshop as a brand name.
Topshop is embarking on an international push this year with plans to launch transactional web sites in the US, Ireland and Australia before Christmas. Arcadia owner Sir Philip Green has reportedly been scouring Manhattan for a Top Shop New York flagship.
Topshop rivals Zara and H&M have made headway already with store openings in the US, where fast fashion is in its infancy.
A hearing concerning the US trademark is scheduled for August 21 at the US District Court, Southern District of New York.
Trademark expert Lee Curtis at UK law firm Pinsent Masons said: 'A trademark registration stops another party using the same or similar brand in relation to the same or similar goods or services.
'It's important to note that trademarks generally have to be registered on a country-by-country basis. Trademark registrations for the same or similar brands can happily co-exist in different countries.'
Topshop declined to comment on the case.
Separately, Sir Philip Green has appointed Yasmin Yusuf as creative director of Topshop stablemate Miss Selfridge. The former creative director of womenswear at Marks & Spencer, who was most recently chief executive of East, will take over responsibility for Miss Selfridge's product design on September 1.
Arcadia group operations director Mike Goring will take managerial and operational responsibility for Miss Selfridge.
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