What can I do if someone is infringing on my trademark?

First, do not panic! We are here to help. If you believe that your trademark is being infringed, you have a few options. You can:

  • Send a cease and desist letter: A cease and desist letter is a formal letter that demands that the infringer stop using your trademark. This is often the first step in trademark enforcement.
  • File a lawsuit: If the infringer does not stop using your trademark after receiving a cease and desist letter, you can file a lawsuit against them. A lawsuit can be filed in federal or state court.
  • Take other legal action: There are other legal actions that you can take to enforce your trademark rights. These actions may include:
    • Requesting that the infringer stop using your trademark on their website or social media pages.
    • Requesting that the infringer stop selling products or services that use your trademark.
    • Requesting that the infringer pay you damages for the harm that they have caused.

It is important to consult with an attorney before taking any legal action to enforce your trademark rights. An attorney can help you to assess the situation and develop the best course of action. Please give us a call today to discuss your options. The sooner you take action, the better!

Here are some additional tips for enforcing your trademark rights:

  • Document everything: You should document all instances of trademark infringement. This includes keeping copies of any cease and desist letters that you send, any lawsuits that you file, and any other correspondence that you have with the infringer.
  • Be proactive: You should be proactive in enforcing your trademark rights. This means monitoring your trademark for any potential infringement and taking action as soon as you become aware of it.
  • Get help from an attorney: If you have any questions about trademark infringement or enforcement, you should consult with an attorney. We at WINTER LLP can help you to protect your rights and get the justice that you deserve.
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