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If I own a trademark and someone copies my brand, what are my options?

Senior Trademark Attorney

The first step is confirming that the copying constitutes infringement: the infringing use must occur in a jurisdiction where you hold a registered trademark, in connection with the same or related goods or services.

If infringement is confirmed, the standard first step is a cease and desist letter demanding the infringing party stop using the mark. This can be sent directly or through a trademark attorney. If the infringing party does not comply, formal legal proceedings can follow, including injunctions and a claim for damages.

For online infringement, platform-specific enforcement is often faster: reporting the infringement to Amazon (through Brand Registry), social media platforms, or app stores can result in removal of the infringing content without court proceedings. An alternative to enforcement is offering the infringing party a license to use the mark commercially, turning the infringement into a revenue source.

If your trademark is being infringed, Trama can advise on your enforcement options.

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