If I discover infringement via trademark monitoring, what are my options?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

If you discover infringement during your regular trademark monitoring practice, your options might include the following:

  • If you monitor trademark databases and someone applies for a trademark identical or similar to yours, you can simply oppose the mark.
  • You can report the issue and request a takedown for trademark infringement on social media, app stores and online marketplaces.
  • You may initiate a domain dispute resolution process for web domain infringement.
  • You can also send 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.

It's worth mentioning that if you are subscribed to a trademark monitoring service, some or all of these might be already available to you via your provider.

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