What to Do If Someone Infringes Your Trademark
Discovering someone is using your brand without permission is alarming, but the response should be measured, not impulsive. The goal is to stop the infringement, not to burn money on litigation.
Most trademark disputes resolve before they ever reach a courtroom, and the steps you take in the first weeks set the tone for the whole matter.
Your response, in order
- Document the infringement with screenshots and dates
- Confirm your mark is registered and in use
- Send a cease and desist letter demanding they stop
- Escalate to a formal opposition or lawsuit if ignored
What strengthens your case
- A registered mark with clear proof of use
- Evidence of actual consumer confusion
- Documented history of enforcing your rights
- Legal counsel experienced in trademark disputes
Act promptly and proportionately, and most infringers back down once they realize you are serious about protecting the brand.
Avoiding escalation
Most infringers comply once they see a registered mark and a serious letter, so save litigation for the stubborn few.
- Stay professional in writing
- Offer a clear path to comply
- Keep records at every step