A registered trademark represents years of work, business reputation, and market position – and provides legal protection for all of these. Yet it can still happen that someone – whether intentionally or out of carelessness – begins using a name, logo, or brand image similar to yours. This can not only mislead consumers but also cause serious business damage.
If you believe your trademark has been infringed, it is important to act quickly and deliberately. Below is an overview of the necessary steps to effectively protect your brand and take action against infringers – whether through out-of-court means or legal proceedings.
1. Verify Whether Trademark Infringement Has Actually Occurred
The first step is to assess the legal situation. Not every similarity constitutes trademark infringement, and it’s essential to determine:
- the territorial scope and the list of goods/services covered by your registered trademark,
- whether the other party is using the mark for identical or similar goods/services,
- whether there is a likelihood of consumer confusion.
This evaluation should be carried out by an attorney experienced in trademark law, who can assess the case comprehensively.
2. Collect Evidence of the Infringement
If the suspicion is confirmed, the infringement must be documented:
- take screenshots, save ads, and capture website content,
- record where and when you encountered the unauthorized use,
- keep any correspondence related to the other party’s activity.
This evidence may later be essential in legal proceedings.
3. Send a Cease-and-Desist Letter via an Attorney
Most trademark infringement cases can be resolved out of court if addressed firmly and in a timely manner. A cease-and-desist letter from an attorney should:
- outline the infringement and reference your registered trademark,
- demand the immediate cessation of the infringing use,
- set a deadline and state the legal consequences of non-compliance.
Experience shows that an official attorney letter alone often has a strong deterrent effect.
4. Initiate Legal Action if Necessary
If the cease-and-desist letter proves ineffective, several legal avenues are available:
- Initiating a civil lawsuit against the infringer (e.g. for injunction, damages, or restitution),
- Requesting a preliminary injunction from the court to prevent further infringement.
These steps should be taken with the assistance of a trademark law specialist, as fast and professional action is often key to a successful outcome.
Don’t Let Others Exploit the Value of Your Brand! If you believe your trademark rights have been violated, don’t wait – the sooner you act, the greater your chances of effective enforcement. Get in touch with us today!
