Trademark infringement is when someone else uses your registered trademark without your permission. This can be very damaging to your brand and reputation, so it’s important to take action if you suspect infringement. Here are some quick answers on how to report trademark infringement:
What constitutes trademark infringement?
Trademark infringement occurs when another party uses your registered trademark in a way that is likely to cause confusion in the marketplace. This includes using an identical or very similar trademark to promote or sell goods or services that are related to your trademark. Even if the other party is not trying to pass their goods or services off as yours, using your trademark can still create confusion and dilute your brand. This is why trademark law protects against both competing and non-competing uses.
How do I know if my trademark is being infringed?
Here are some signs your trademark may be infringed:
- Someone else has registered your trademark in another class of goods/services
- Another company is using your exact trademark to sell similar products or services
- You come across a website, social media account, or advertisement using your trademark without permission
- You notice products in stores or online with your trademark on them from a company you did not authorize
If you spot any of these uses of your trademark, it’s important to investigate further to determine if it constitutes infringement. Look carefully at whether the use is likely to cause consumer confusion or dilute your brand in any way.
Why is it important to report trademark infringement?
There are a few key reasons why you should take action if your trademark is being infringed:
- Protect your brand reputation – If someone else uses your trademark in a way you don’t approve, it could damage your brand image that you’ve worked hard to build.
- Prevent loss of distinctiveness – If you don’t police your trademark, you risk diluting its ability to identify your goods/services and distinguish them from others.
- Prevent legal damages – Under trademark law, not actively protecting your rights can undermine your ability to enforce the trademark.
- Stop consumer confusion – Infringing use is likely to confuse consumers about the source of goods/services.
The bottom line is that trademark infringement can have very real consequences for your brand and business. Taking action quickly is key to protecting your interests.
How can I report trademark infringement and stop it?
If you confirm your trademark rights are being infringed, here are the steps to report it and get the infringing use to stop:
- Send a cease and desist letter – Have your attorney draft a letter informing the infringing party of the infringement and requesting they immediately stop using your trademark.
- Report to online sellers/services – If the infringement is on a website, social media or e-commerce site, report it to the site’s admin team per their IP complaint process.
- Report to registrar – If they’ve registered an infringing domain name, lodge a complaint with the domain name registrar.
- Threaten legal action – Make clear you will escalate to filing a lawsuit if they don’t stop infringing your rights.
- File a trademark infringement lawsuit – If they still don’t comply, your last resort is to file a federal lawsuit under the Lanham Act.
The best approach is to start with a firm cease and desist letter from an attorney clearly laying out how they are infringing and demanding they stop. This is often enough to get infringing parties to cooperate quickly without needing litigation.
What information do I need to report trademark infringement?
To report trademark infringement, make sure you have the following information and documentation ready:
- Your registered trademark certificate, registration number, and date of registration
- Evidence of your trademark rights – trademark registration, proof of use in commerce
- Details of the infringing use – where, when, how, etc.
- Screenshots/photos evidencing the infringement
- Your contact information
- Full business/contact details of the infringing party
The more details you can provide, the more equipped you are to get the infringement halted successfully.
Who do I report trademark infringement to?
You can report trademark infringement to a few key entities:
- Infringing party – Send a cease and desist letter demanding they stop infringing your rights
- Website/platform admins – Report to admin teams of sites hosting the infringement
- Domain registrars – Report infringement on a domain name to the registrar managing it
- USPTO – You can file a complaint with the USPTO using their online form
- Federal court – For litigation, file in federal court under the Lanham Act
Typically, reporting first to the infringing party directly, or reporting infringement online or to a domain registrar can help resolve many trademark infringement situations quickly and efficiently.
What happens if I don’t report trademark infringement?
Failing to take action when your trademark rights are being infringed can negatively impact your trademark and business in several ways:
- May undermine your ability to enforce trademark rights
- Risk losing some trademark rights if mark becomes generic
- Could enable wider infringement by other parties
- Loss of control over brand reputation and goodwill
- Confusion among customers about your brand and products
- Potential diversion of business away from your company
While reporting infringement to stop further damage is crucial, if the infringing use has been ongoing, your rights may already be weakened. This makes prompt action very important when any infringing use emerges.
What are the penalties for trademark infringement?
Trademark infringement can lead to severe legal penalties including:
- Having to pay monetary damages to trademark holder (lost profits, infringement profits, or statutory damages)
- Being ordered to cease infringing use of the trademark
- Having infringing products and materials seized/destroyed
- Receiving a court injunction prohibiting ongoing infringement
- Paying the trademark owner’s legal costs
- Facing criminal charges for willful/repeated infringement
For willful and particularly egregious infringement, penalties can be steep. However, for many minor infringements ceasing use of the trademark is the expected outcome.
How much does it cost to report trademark infringement?
The cost to report trademark infringement can vary substantially based on how far you take legal action. Typical costs can include:
- Cease and desist letter – $200-$500+
- Filing complaint with USPTO – $400 per class infringed
- Initial attorney consult – $150-$300/hour
- Litigation – $10,000-$150,000+ depending on complexity
If the infringing party cooperates with your cease and desist letter, you may be able to resolve the issue for just a few hundred dollars. However, complex litigation to truly enforce your rights can cost tens or hundreds of thousands.
Can I report trademark infringement without an attorney?
You can technically report trademark infringement without involving an attorney. However, it is strongly recommended to have a qualified intellectual property attorney assist you with the process. An attorney can help confirm whether infringement is actually occurring and communicate with the infringing party in the appropriate legal tone. They can also advise you on litigation options if needed. Attempting to DIY report infringement without legal expertise puts your trademark at further risk.
What information do I get after reporting trademark infringement?
After reporting trademark infringement, the outcome and information you receive will vary depending on who you reported it to:
- Cease and desist response – The infringing party may inform you in writing if they agree to stop infringing use or dispute your claims.
- Admin complaint response – Online platforms usually inform you of actions taken, if any, to remove or halt infringing content.
- USPTO – They will investigate and take administrative action as warranted, but cannot provide legal advice.
- Court -Through litigation you get a court judgment, order, injunction and award of damages if applicable.
To understand the full outcome, you may need to follow up multiple times by phone or in writing. The party asked to stop infringing is not always quick to comply or communicate.
How long does it take to resolve trademark infringement?
There’s no fixed timeline for resolving trademark infringement issues. However, here are rough timeframes to expect:
- Cease and desist response – 1 week to 1 month
- Takedown request response – 1 day to 1 month
- USPTO complaint process – 6 months to 1 year+
- Litigation process – 12+ months
For straightforward matters like removing infringing online content, it may only take a few days or weeks to fully resolve. However, complex legal processes through the USPTO and courts can draw out over many months or even years in some cases.
Can I sue for trademark infringement and get damages?
If you are the owner of a federal trademark registration, you can absolutely sue for infringement under the Lanham Act. The courts can award different types of monetary damages if you win the lawsuit, including:
- Lost profits – Profits you lost due to the infringement.
- Infringer’s profits – Profits made by the infringer from the infringement.
- Statutory damages – Damages set based on the type of infringement.
- Punitive damages – Damages to punish intentional, malicious infringement.
- Attorney’s fees – Legal costs you incurred from the lawsuit.
You will need to provide evidence to quantify the damages you seek to recover. Getting compensation for trademark infringement requires litigation, which is expensive, but damages can be significant if infringement was serious.
Should I hire a lawyer to report trademark infringement?
It’s highly advisable to hire a trademark attorney to assist with reporting infringement. A lawyer experienced with trademark law can:
- Review the infringement and confirm it violates your rights
- Communicate with the infringer about ceasing infringement
- Negotiate a settlement if needed
- File the appropriate complaints and legal forms
- Represent you in litigation if it moves to court
Navigating infringement reporting and legal processes without an attorney can compromise your rights. An experienced trademark lawyer protects your interests and helps bring about the best result.
Can I report international trademark infringement?
Trademark infringement often crosses borders in today’s global digital economy. If your U.S. trademark is being infringed upon in another country, you can report it by:
- Contacting the infringer directly with a cease and desist letter.
- Reporting infringement to websites/domain registrars.
- Reporting to the national IP office in the infringing country.
- Using international treaties/laws to enforce rights.
- Filing a lawsuit in the relevant national court.
Working with a local attorney in the infringing country is highly recommended to understand how to effectively enforce your trademark rights under local laws.
Can I go to jail for trademark infringement?
In most cases, trademark infringement is handled through civil legal processes and leads to damages/court orders rather than criminal charges. However, there are two scenarios where jail time is possible:
- Criminal counterfeiting – Trafficking large quantities of counterfeit goods with forged trademarks can trigger criminal charges.
- Criminal copyright infringement – Willful large-scale infringement of trademarks protected by copyright may incur criminal penalties.
Going to jail for trademark infringement alone is very rare, but intentionally trafficking counterfeits or other willful, recurring infringement can sometimes result in criminal prosecution.
Conclusion
Protecting your trademark rights is vital to avoiding irreparable damage to your brand and business. If you suspect your trademark is being infringed, document the evidence and move promptly to report it to the infringing party, online platform, or USPTO as warranted. Consulting an attorney helps ensure infringement is handled effectively so you can resume control of your brand identity.