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

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

If a trademark monitoring service discovers a suspicious activity defined by certain criteria, it will notify you. First, you will want to review the report and determine whether the result is relevant and worthy of pursuing.

After that, if you want to address the issue, the next steps will depend on the nature of the infringement and where it occurred. Your options might include:

  • If you are monitoring trademark databases and someone applies for a trademark identical or too similar to yours, you can simply oppose the mark.
  • For trademark infringement on social media, app stores and online marketplaces, you can report the issue and request a takedown.
  • For web domain infringement, you may initiate a domain dispute resolution process.
  • Sending a cease and desist letter to the offending party.
  • If the other party is a newly incorporated company with a similar name, that by itself doesn't constitute infringement, but you can send them a notice letting them know about your trademark and your willingness to send a cease and desist letter if they launch a similar product or service.
  • If the infringing party does not comply with the cease and desist letter, you may choose to take further legal action.

Some trademark monitoring solutions also include takedowns, sometimes at an extra rate. When selecting a provider, it's advisable to ask what they can offer besides the monitoring itself so you don't have to seek out separate legal assistance.

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