If a trademark monitoring service discovers infringement, what happens next?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

The monitoring service notifies you of the potential conflict. Your first step is to review the alert and assess whether it constitutes genuine infringement or a false positive that does not warrant action.

If the alert is a real problematic conflict, the appropriate response depends on where the infringement happened. For example:

  • If it’s a new trademark application, file an opposition during the publication window
  • If it happened on social media, app store, or online marketplace, submit an IP complaint or takedown request to the platform
  • If it’s an infringing web domain, initiate a UDRP complaint through WIPO or contact the domain holder directly
  • If the infringer is using the mark in commerce, send a cease and desist letter, or escalate to legal proceedings if it is not resolved

Some monitoring providers also offer enforcement services (cease and desist letters, takedowns) as part of their offering, while others only notify you and leave enforcement to the trademark owner or their attorney.

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