What Happens If Someone Infringes Your Trademark

Think someone is using a confusingly similar mark to yours? Here's a general, plain-English overview of what typically happens next.

First, confirm what you're actually seeing

Not every similar-sounding name is infringement. The general legal question is whether the other use is likely to confuse consumers about the source of goods or services — considering factors like similarity of the marks, similarity of the goods or services, and the strength of your mark.

Document everything before you act

Save screenshots, dates, and examples of the other party's use. This documentation matters if the situation later requires a formal letter or legal action, and it helps an attorney assess the situation accurately.

The general first step: a cease-and-desist letter

Many trademark disputes are resolved after a cease-and-desist letter, typically drafted and sent by a licensed attorney, asking the other party to stop the conflicting use. This is often faster and less costly than litigation, though outcomes vary.

When it escalates further

If a cease-and-desist letter doesn't resolve things, options can include filing an opposition or cancellation proceeding with the USPTO's Trademark Trial and Appeal Board, or pursuing a federal infringement lawsuit, depending on the situation and registration status of both marks.

Why this is not a DIY process

Trademark infringement analysis is fact-specific and legally nuanced, and taking the wrong action (or no action) can affect your rights. This is a situation where speaking with a licensed IP attorney promptly is generally the right first move.

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