What to Do If You Suspect Someone Is Infringing Your Trademark Rights
As a trademark owner, your brand is your business's identity. It represents your reputation, your hard work, and your value in the marketplace. So when you suspect that someone else is using a mark that's confusingly similar to yours—or worse, deliberately copying it—it’s important to act quickly and strategically. Trademark infringement can dilute your brand, confuse your customers, and damage your bottom line. But what exactly should you do if you believe your trademark rights are being violated?
Here’s a step-by-step guide to help you navigate this situation:
1. Confirm Your Trademark Rights
Before taking any action, verify that your trademark is properly protected. Ask yourself:
Is your trademark federally registered with the United States Patent and Trademark Office (USPTO)?
Are you using the mark in commerce - meaning are you using the mark in connection with the services and/or goods the mark is registered for?
Are your rights still valid and enforceable?
If your trademark is not yet registered, you may still have rights through common law use, but enforcement can be more complex. If you're unsure, it would be best to consult a trademark attorney to determine your plan of action.
2. Gather Evidence of Infringement
Document the alleged infringement as thoroughly as possible. This can include:
Screenshots of the infringing website or social media profiles
Product packaging or advertising using the infringing mark
Customer reviews or messages showing confusion between the brands
Make note of when and where you first observed the use, and continue monitoring it in case the activity escalates.
3. Conduct a Legal Analysis
Not all similar uses amount to infringement. Consider these factors:
How similar are the marks in appearance, sound, and meaning?
Are the goods or services being sold in the same industry or market?
Is there a likelihood that consumers could be confused?
Is there any evidence of actual confusion?
An experienced trademark attorney can help you assess the strength of your claim before you reach out to the other party.
4. Send a Cease-and-Desist Letter
If the infringement is confirmed and actionable, the next step is usually a cease-and-desist letter. This is a formal notice to the infringer, demanding that they stop using the mark immediately. A well-crafted letter will:
Clearly identify your rights
Describe the infringing activity
Demand that the infringer cease use
Set a deadline for response or compliance
Tone matters. In some cases, a firm but professional letter can resolve the matter without the need for litigation.
5. Explore Enforcement Options
If the infringer ignores your cease-and-desist letter or refuses to stop, you may need to escalate. Options include:
Filing a complaint with online platforms or domain registrars to have infringing content taken down
Initiating a proceeding with the USPTO’s Trademark Trial and Appeal Board (TTAB) if applicable
Filing a lawsuit in federal court for trademark infringement and seeking damages or injunctive relief
Litigation can be costly, but sometimes it’s necessary to protect your brand’s integrity and value.
6. Proactively Monitor Your Trademark
Infringement issues can often be avoided—or caught early—with a proactive trademark monitoring strategy. Consider subscribing to a trademark watch service or hiring a legal team to regularly monitor new applications and online uses of your brand.
Conclusion
Trademark ownership isn’t just about registration—it’s about enforcement. If you suspect someone is infringing on your rights, the key is to act quickly, decisively, and with the right legal guidance. Don’t let someone else profit off the brand you’ve built.
Need help protecting your trademark? Contact our office today to schedule a consultation and take the first step toward enforcing your rights!
