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What should I do if someone is infringing on my trademark?

  • What should I do if someone is infringing on my trademark?

    If someone is infringing on your trademark, it is common to send a cease and desist letter demanding that they stop using the mark. A cease and desist letter is a letter written on behalf of a rights holder to an infringer notifying the infringer of the rights holder’s rights and advising of possible consequences if the infringement is not terminated. In many cases, the infringing party complies and stops the infringing activity upon receiving the letter. However, if the infringing party ignores the demand or disputes the infringement, you may consider filing a trademark infringement lawsuit. It is advisable to consult with an attorney to determine the best course of action for your specific situation.

    Successful trademark infringement lawsuits typically involve certain characteristics, including:

    The plaintiff being the owner of a valid mark, which is generally presumed if they have a federal trademark registration.

    The plaintiff using the mark in commerce prior to the other party.

    The other party using the mark without authority in connection with the sale of goods or services.

    The other party using the mark in a manner likely to cause confusion among relevant consumers.