Discovering your trademark is or has been illegally used by another business or a competitor can cause damage to your business’s revenue and market share. This illegal use of a business or individual’s trademark is called trademark infringement. This article covers the methods and processes involved in handling trademark infringement and defending your trademark.

What is Trademark Infringement?

Trademark infringement is the unauthorized use of a trademark or an identical or substantially similar mark on competing or related goods and services. Examples of trademark infringement include utilizing a trademark in a way that would cause marketplace deception, use of the mark in a way that would cause consumer confusion, and use of the mark in a way that would result in an error in discovering the true source of the goods and services.

Trademark Enforcement – Reporting Trademark Infringement

What is the first thing a business should do when it discovers that someone is using a very similar mark to theirs in an attempt to profit off of the goodwill of their business?

1. First and foremost, it is crucial to refrain from reaching out or sending angry messages to the company suspected of infringing upon the trademark.
2. The next step is to contact a trademark attorney to evaluate both the rights of the business and the actions available in the situation.

Below, we will examine the fundamentals of looking for and handling a trademark infringement.

What is the process for reporting infringement?

There are several methods for reporting and/or fighting against trademark infringement. Such methods can be used together, or independently, based on the type of infringement.

1. Filing a Notice of Opposition against a USPTO Newly Applied Trademark – If the owner of a previously existing trademark registration has issue with a new trademark application, the existing owner can file a Notice of Opposition to oppose registration of the mark. This occurs when the application for the trademark in question has been submitted to the federal government for review and has entered into a phase of application known as the publication period. During this period, there is a thirty-day window during which any third party who thinks that the mark conflicts with their existing registration can oppose the trademark.
2. Cease and Desist Letter – In anticipation of formal legal action, a business may instead choose to send a cease and desist letter to the party infringing upon their mark. The goal of the cease and desist letter is to proactively reach a settlement agreement before taking the matter further by filing a Notice of Opposition or a lawsuit.
3. Reporting via 3^rd Party Platform – Another method for reporting infringement is through a third-party platform. If the trademark infringement takes place exclusively on a third-party platform, i.e. Amazon or Facebook, these platforms facilitate resources for users to report infringement directly through their sites. Once the report is filed through the third-party, the website or the platform will then investigate and remove the infringing content, as these platforms are typically known to side with the owner in cases where a registered mark is being defended from unauthorized use on the platform.
4. Trademark Lawsuit – The final method for reporting and fighting against trademark infringement is by filing a federal lawsuit. Because the primary purpose of trademark registration is to prevent consumer confusion and deception in commerce, to prevail in a trademark infringement lawsuit, the holder of the trademark should demonstrate that the infringement caused marketplace and consumer deception.

When an infringement upon the intellectual property of your business is at hand, it is essential to enlist the expertise of a trademark attorney to establish the best legal strategy for increasing your chances of success in the enforcement of your mark and the compensation of your damages.

Contact us today for a consultation and learn how we can help you protect your trademark and report infringement.