Understanding your situation
What you need to prepare
- ✓Your trademark registration certificate (or documentation of common law trademark rights)
- ✓Registration number, filing date, and goods/services classes covered
- ✓Evidence of the infringing use — screenshots, photos, URLs, advertising materials
- ✓Description of how the infringing use causes market confusion
- ✓Evidence of your mark's market presence — years of use, marketing investment
- ✓The infringer's full business name and address
- ✓Any prior correspondence with the infringer about the mark
⏰ Deadline
Send promptly upon discovering the infringement. Delay can weaken your position (laches defense). Give the infringer 14–21 days to cease use, remove infringing materials, and confirm compliance in writing.
🏛️ Authority
US: Federal court (Lanham Act), USPTO, ICANN (UDRP for domains). UK: High Court, IPEC. DE: Landgericht, DPMA. EU: EUIPO, national courts.
⚖️ Legal basis
US: Lanham Act § 32 (15 U.S.C. § 1114), § 43(a) (15 U.S.C. § 1125(a)), § 43(c) (dilution). UK: Trade Marks Act 1994. DE: MarkenG §§ 14-15. EU: EU Trade Mark Regulation 2017/1001.
Expert tips
- 1Reference your registration number, filing date, and specific goods/services classes. For unregistered marks, document first use with evidence.
- 2Be specific about the infringing use: where it appears, how it creates likelihood of confusion. Include screenshots and URLs.
- 3Demand written confirmation of compliance by the deadline. Silence is not sufficient.
- 4Demand destruction or return of all infringing materials: signage, packaging, inventory, domains, marketing materials.
- 5For domain disputes, a UDRP complaint through ICANN costs approximately $1,500 and resolves within 60 days.
- 6Keep the tone firm but professional. Trademark disputes frequently settle.
- 7Consider whether a coexistence agreement might be a better outcome than litigation.
