A trademark is a valuable asset that protects your brand’s identity and distinguishes your business from competitors. However, trademark infringement—when another party uses a similar mark without authorization—can threaten your business and dilute your brand. If you believe your trademark is being infringed upon, here’s what you need to do to protect your rights.
Step 1: Confirm That Infringement Has Occurred
Before taking action, you need to determine whether actual infringement has taken place. Consider the following factors:
- Similarity of the marks – Are the infringing mark and your trademark visually or phonetically similar?
- Likelihood of confusion – Would consumers reasonably confuse the infringing brand with yours?
- Use in commerce – Is the other party using the mark in a way that affects your industry or customers?
- Trademark registration status – A federally registered trademark offers stronger protection, but common law trademarks may still have rights.
Step 2: Gather Evidence
To support your case, collect as much evidence as possible, including:
- Screenshots of the infringing mark in use (websites, advertisements, social media, packaging, etc.)
- Business records showing your prior use of the trademark
- Consumer confusion reports, such as complaints or inquiries
- Any correspondence between you and the infringing party
Step 3: Contact the Infringing Party
Sometimes, infringement is unintentional, and a simple notification can resolve the issue. Consider sending a cease-and-desist letter, which typically includes:
- A statement identifying your trademark rights
- Evidence of the infringement
- A request for the infringing party to stop using the mark
- A deadline for compliance
- Potential legal consequences if they fail to comply
Many disputes are resolved at this stage without the need for legal action.
Step 4: File a Complaint with Online Platforms
If the infringement occurs on an e-commerce website (e.g., Amazon, eBay, Shopify) or social media platforms (e.g., Facebook, Instagram, TikTok), you can file a trademark complaint directly with the platform. Most major platforms have processes to remove infringing content quickly.
Step 5: Seek Legal Action
If the infringing party refuses to comply, consider pursuing legal remedies:
- Trademark opposition – If the infringer has applied for trademark registration, you can file an opposition with the USPTO.
- Trademark litigation – Filing a lawsuit in federal court can seek damages and an injunction to stop further use of the mark.
- Alternative dispute resolution (ADR) – Mediation or arbitration may provide a faster, less costly resolution than litigation.
Step 6: Monitor and Protect Your Trademark
To prevent future infringement, implement a trademark monitoring strategy, such as:
- Regularly searching for unauthorized use of your trademark online
- Setting up Google Alerts for your brand name
- Hiring a trademark watch service
- Renewing your trademark on time to maintain protection
Final Thoughts
Trademark disputes can be complex, but taking swift action can protect your brand’s value and reputation. If you encounter infringement, follow these steps to resolve the issue efficiently. Consulting a trademark attorney can provide expert guidance and improve your chances of a successful outcome. We recommend trademark attorney orlando.
