You’ve built your brand with care—choosing the right name, designing a distinctive logo, and registering your trademark with the United States Patent and Trademark Office (USPTO). But now, someone else is using a name, slogan, or design that’s confusingly similar to yours. It’s frustrating. It’s unfair. And it could seriously hurt your business. So what happens if someone infringes your trademark?
This article explains what trademark infringement is, how to recognize it, and the steps small businesses can take to enforce their rights—whether through a cease and desist letter, a TTAB opposition, or full-blown federal litigation. More importantly, it shows how to enforce your rights strategically without escalating unnecessarily.
What Counts as Trademark Infringement?
Trademark infringement occurs when someone uses a mark that is likely to cause confusion with your registered (or unregistered) trademark. This includes similarities in:
- Spelling, pronunciation, or appearance
- Goods or services offered
- Marketing channels or customer base
Even if the infringer didn’t mean to copy you, it can still be infringement. The key legal standard is likelihood of confusion—not intent.
Example: Let’s say you run a candle company called “Glow Haven®,” and someone else starts selling candles on Etsy under the name “Glō Haven.” Even if their logo is different, customers might assume you’re affiliated. That’s likely infringement.
How to Identify Trademark Infringement
Infringement can happen in obvious or subtle ways. Watch for:
- Competitors using similar names or logos
- Google Ads or SEO keyword targeting with your trademark
- Copycat domain names (e.g., yourbrandshop.com vs. yourbrand.com)
- Social media handles mimicking your business
- Retail or e-commerce listings piggybacking on your brand
Regular trademark monitoring is essential. If you’re not actively looking, you might miss unauthorized use until real damage is done.
First Step: Confirm Your Rights
Before you act, confirm that your trademark rights are strong. Ask:
- Is your trademark registered with the USPTO?
- Have you been using it continuously in commerce?
- Do you have evidence of consumer recognition or confusion?
If you have a federal registration, your rights are presumed valid. If you’ve only used the mark locally (common law rights), you still have protection, but enforcement can be more difficult—and regional in scope.
Sending a Cease and Desist Letter
Most trademark disputes are resolved with a well-crafted cease and desist letter. This letter puts the infringer on notice and asks them to stop using your mark. A good letter:
- Clearly identifies your mark and your rights
- Explains how the other party is infringing
- Requests specific action (e.g., name change, domain transfer)
- Sets a reasonable deadline
Done right, this can end the dispute without ever going to court. But poorly written letters—or aggressive tone—can backfire. In some cases, they might even trigger a preemptive lawsuit by the alleged infringer (called a declaratory judgment action).
Pro tip: Hire an attorney to draft your cease and desist. It signals you’re serious, helps avoid costly missteps, and can often resolve the matter quietly.
TTAB Oppositions and Cancellations
If the other party has applied to register their mark with the USPTO, and you believe it infringes on your rights, you can file a Notice of Opposition through the Trademark Trial and Appeal Board (TTAB).
TTAB proceedings are a less expensive alternative to federal court. They don’t involve damages, but they can block the infringing party’s registration or cancel an already registered mark. This is a powerful tool for brand owners looking to preserve their trademark rights without litigation.
When to Consider Federal Lawsuit
If a cease and desist doesn’t work—and your brand is at risk—you may need to file a lawsuit in federal court for trademark infringement. Litigation allows you to seek:
- An injunction to stop the use
- Damages for lost profits
- Recovery of attorneys’ fees in some cases
Litigation is expensive and time-consuming, but sometimes necessary. If your brand is being materially harmed or if the infringer refuses to cooperate, it may be your only option. Work with a trademark attorney who can assess whether litigation is worth it based on the risk and likely recovery.
Other Remedies: Domain Names, Social Media, and Marketplaces
Not every infringement needs a lawsuit. You may have faster options depending on where the infringement appears:
- Domains: File a complaint under ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP) to recover a confusingly similar domain. Learn more about this at our domain dispute page.
- Social Media: Most platforms (Instagram, Facebook, etc.) have built-in processes to report trademark infringement.
- Amazon/eBay/Etsy: These platforms often allow you to report infringing listings directly if you have a registered mark.
These options are quicker and cheaper than court—and often effective when the infringer depends on the platform to reach customers.
Should You Always Enforce Your Trademark?
Not necessarily. Enforcement should be strategic. Consider:
- How strong your case is
- Whether there’s actual consumer confusion
- How much harm the infringer is causing
- Whether the infringer is a small operator or a major competitor
Sometimes a private conversation solves the issue. Other times, you may choose to ignore minor use that’s unlikely to cause damage. But beware—if you never enforce your trademark, you risk weakening your rights. Courts may even find that you abandoned enforcement.
How to Prevent Future Infringement
Strong enforcement begins with strong protection. Make sure you:
- Register your trademark with the USPTO
- Use your mark consistently in commerce
- Keep proof of your first use and brand recognition
- Set up a trademark monitoring service
You may also want to review your business insurance. General liability policies don’t always cover trademark infringement lawsuits. Learn more in our blog on insurance and trademark disputes.
Final Thoughts
If someone is infringing your trademark, don’t panic—and don’t rush to court. Trademark enforcement is a balancing act. The right strategy depends on your goals, your leverage, and how much you want to spend.
Often, a carefully worded letter is enough. Other times, you may need to take formal action through the TTAB or federal court. Either way, the sooner you act, the better your chances of stopping the infringement and protecting your brand.
Need Help Enforcing Your Trademark?
At Harrigan IP, we help small businesses take decisive, cost-effective action against trademark infringement. Whether you need a cease and desist letter, help with TTAB proceedings, or courtroom representation, we’ve got your back.
- Contact us to schedule a free consultation
- Learn more about our infringement and enforcement services
- Set up trademark monitoring to catch issues early
- Read more: Are You Covered by Insurance for Infringement Claims?
- Explore domain name enforcement options
