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If I discover infringement via trademark monitoring, what happens next?

Founder & Trademark Attorney

First, you should assess whether the infringement is worth pursuing and enforcing your rights against. Not every similar mark warrants your response. The key factors are how similar the marks are, how closely the goods and services overlap, and how likely consumer confusion is.

If you deem that it is worth addressing, there are a couple of things you can do to address the infringement, depending on where it happened. If it’s a new application, file an opposition at the IP office. If it’s an infringement on social media or marketplace platforms, initiate a takedown or dispute. Furthermore, use UDRP for domain disputes, and cease and desist letters or litigation for commercial infringement in your territory.

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