Home Blog Trademark Dispute: Protect Your Brand Effectively

Trademark Dispute: Protect Your Brand Effectively

This page explains what a trademark dispute is, how to deal with it, and how a lawyer from ContractsCounsel can protect your brand.

Jump to Section

Trademark disputes are when one party uses the other’s trademark without permission. These disputes can cause serious issues for business owners, potentially harming their reputation or causing them financial losses.

Although it can be stressful to deal with a trademark dispute, you can navigate it effectively and avoid going to court. This can save you time and money, while protecting your rights.

In this article, we’ll look at the most common trademark disputes, how to prevent them, what to do if someone is using your trademark, and how hiring a lawyer can help you.

What are Common Trademark Disputes?

There are different trademark disputes to know about. These include:

  • Infringement. This is when someone uses your trademark, either in its identical form or by making it similar to what you’ve created.
  • Dilution. Someone uses the trademark to reduce, or dilute, its quality. An example is using your trademark to sell different goods or services.
  • Counterfeiting. Using a trademark for fake goods can be harmful to one’s business reputation.
  • Domain name disputes. It can cause confusion when someone uses a domain name that is similar to a registered trademark.

It’s important to know what doesn’t constitute trademark disputes. There are some situations that appear to be a violation of your trademark but could be legal. For example, if someone’s products or services are similar to your trademark but they’re not specifically using your trademark.

There can be grey areas in trademark disputes. If you’re unsure of whether or not someone’s actions are an infringement of your trademark, you should consult with a lawyer.

How Can You Prevent Trademark Disputes?

You can protect your trademark to prevent infringement in the following ways.

Register Your Trademark

By registering your trademark, you’ll have exclusive rights to it. You can register your trademark on the United States Patent and Trademark Office (USPTO). This will also give public notice of your ownership.

Before you go ahead and register your trademark, check that it’s not similar to other trademarks that have already been registered. This will prevent legal disputes in the future.

Scan for Infringements

It’s important to check for any trademark infringements. You can do this by searching on the USPTO’s trademark database, on the internet, or on social media platforms.

Keep Your Trademark Registration Up to Date

Updating your trademark registration when required is important so that you maintain its validity. You should also update your trademark if you’ve changed your trademark, such as your logo or business name.

Use your Trademark

If you want to stop anyone from using your trademark, you have to be using it. This means it must be identifying your goods or services in the market.

What to Do During a Trademark Dispute?

If you’re the victim of trademark infringement, it’s wise to consult with an experienced trademark lawyer who can take appropriate legal action. ContractsCounsel is an online legal network connecting clients with vetted lawyers who can help you in the event of a trademark dispute.

Here are other things you should do if you’re the victim of a trademark infringement.

Gather All Evidence

You should collect as much information as you can related to the infringement, such as marketing or promotional materials where your trademark has appeared.

Send a Cease and Desist Letter

Your lawyer can help you to draft this letter, which will tell the other party that you’re aware of the trademark infringement and give them the opportunity to stop their harmful actions.

File a Complaint

If the trademark infringement has occurred on a website or ecommerce site, you can file a complaint via the site.

Negotiate

Your lawyer can contact the person responsible for the trademark infringement, who might agree to pay damages or stop using the trademark.

You could also try mediation to reach a resolution. This keeps the dispute out of court and gives you and the other party a chance to remedy the issue, while saving you money.

Consider a Coexistence Agreement

This contract allows two companies to use the same or similar trademarks, without taking any legal action against each other. If it’s a viable option for you, it ensures the trademark dispute can be smoothed over and not result in future disputes.

File a Lawsuit

If the other party isn’t willing to negotiate and resolve the issue, your lawyer can help you take more serious legal action. This could include a lawsuit and injunction that stops the person’s infringement.

How Can a Trademark Lawyer Help?

It’s worth consulting with a trademark lawyer if you’re in a trademark dispute. They can help you in various ways to strengthen your legal position.

They Know Trademark Laws

A trademark lawyer is informed about all the complex trademark laws that could apply to you. Without having a legal background, you might miss some important details.

They Can Conduct Trademark Searches

If you suspect that someone is infringing on your trademark rights, a lawyer can monitor suspicious activity regarding your trademark. Should they discover that another person or company is using your trademark, they can represent you in legal proceedings.

They Will Validate the Claim

A lawyer will research the claim to ensure that it’s valid and can be supported. They will explain the case of infringement and listen to your concerns, while advising you on the best action to take for your specific situation.

For example, they might suggest avoiding an expensive litigation process in favor of mediating or negotiating with the other party.

What Questions Should You Ask a Trademark Lawyer?

Before working with a trademark lawyer on your dispute, there are some important questions to ask them to ensure that they will be able to help you.

  • What’s your trademark law experience? By having years of experience, or experience with your specific dispute, a lawyer will be able to guide you in the best way that complies with the law.
  • Do you think I have a strong case? You want to know that it’s worth your time and money to pursue your case before you hire the lawyer.
  • What process do you follow? By asking the lawyer about how they will navigate the dispute, you’ll gauge their expertise. They should discuss effective methods, such as sending cease-and-desist letters or taking the dispute to court if other processes don’t work.

Do you need a trademark lawyer?

Post a project on ContractsCounsel to connect with vetted lawyers experienced in trademark disputes. They’ll be able to assist you and protect your rights.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,597 reviews

Meet some of our Lawyers

John M. on ContractsCounsel
View John
5.0 (1)
Member Since:
June 4, 2024

John M.

Senior Corporate Counsel
Free Consultation
Foxboro, MA
26 Yrs Experience
Licensed in MA, NY
Boston University School of Law (J.D.)

John Mercer is a distinguished corporate counsel who is well-known for turning legal challenges into strategic assets. He possesses a deep understanding and expertise in intellectual property (IP), compliance, and corporate law, particularly in the pharmaceutical and biotechnology sectors. His proficiency lies in transforming legal complexities into strategic advantages, ensuring operational excellence, and driving innovation forward. John excels at safeguarding an organization's legal interests and integrity, ensuring operations adhere to the law. As a strategic leader, John excels at safeguarding an organization’s legal interests and integrity, ensuring operations adhere to the law. He also brings immense value to his profession through his skills in drafting, negotiating, and managing significant agreements that secure organizational interests with widespread industry impact. His unparalleled expertise in legal advisories significantly enhances compliance and develops risk management frameworks that protect and advance company ambitions. Moreover, John's command over patent and trademark portfolios, alongside his ability to drive innovation initiatives and design incentive schemes, substantially bolsters intellectual property prowess. John's areas of expertise are extensive, covering skills vital to corporate law, legal contract negotiations, material transfer agreements, and more. He is particularly adept in regulatory compliance, legal consulting, clinical trials, biotechnology, patents, and patent portfolio analysis, to name a few. His leadership is complemented by active listening, analytical thinking, problem-solving abilities, and other soft skills that make him a leader and visionary.

Recent  ContractsCounsel Client  Review:
5.0

"Thank you John, I appreciate your very personal effort with quality and practicality in mind."

Jorge R. on ContractsCounsel
View Jorge
5.0 (21)
Member Since:
June 3, 2024

Jorge R.

Managing Attorney
Free Consultation
Burien, Washington
15 Yrs Experience
Licensed in WA
Seattle University

**Bio:** My name is Jorge Ramos, and I am an experienced family law attorney practicing since 2011. Over the years, I have honed my skills and knowledge in family law, having worked with prestigious law firms before establishing my own solo practice. My expertise spans a wide range of family law matters, including divorce, child custody, spousal support, and property division. I am dedicated to providing personalized and compassionate legal representation, ensuring that my clients receive the support and guidance they need during challenging times. My commitment to excellence and client-focused approach have earned me a reputation as a trusted advocate in the field of family law.

Recent  ContractsCounsel Client  Review:
5.0

"Jorge was excellent. If needed, I will be using him again in the future. Responsive and thorough. Great job Jorge."

Emmanuel A. on ContractsCounsel
View Emmanuel
5.0 (1)
Member Since:
June 7, 2024

Emmanuel A.

Law Clerk
Free Consultation
Raleigh, North Carolina
3 Yrs Experience
Licensed in MN
Elon University School of Law

Results-driven young lawyer with over 2 years of combined legal experience. Adept at legal research, contract drafting, reviewing policies, client relations, and case management. Possess a J.D. from Elon Law School and am a member of the Minnesota State Bar in good standing.

Recent  ContractsCounsel Client  Review:
5.0

"Emmanuel is fantastic and very easy to work with! We are so pleased with his quality of work, responsiveness, and attention to detail, and look forward to working with him again on future projects."

Angela B. on ContractsCounsel
View Angela
Member Since:
June 1, 2024

Angela B.

Corporate Counsel
Free Consultation
St. Paul, Minnesota
4 Yrs Experience
Licensed in MN, TX
Mitchell Hamline School of Law

Angela is a business and transactional lawyer counseling clients in multiple facets of their business. Her practice includes commercial contracts, SaaS and technology licensing, intellectual property licensing, real estate contracts, and general business counseling.

Mark L. on ContractsCounsel
View Mark
Member Since:
June 7, 2024

Mark L.

Transactional & IP Attorney
Free Consultation
Boston, MA
19 Yrs Experience
Licensed in MA
Suffolk University Law School

I worked in the Intellectual Property Group at Fidelity Investments for almost 25 years, including managing the group from 2017-2021. I managed and developed the same high-performing group of three legal professionals from 2007-2021. Early in my career at Fidelity, I focused primarily on trademark matters, including trademark searching and clearance, as well as enforcement of trademark rights. In fact, I created Fidelity's trademark and brand protection programs and advanced them over more than two decades, eventually bringing the domestic trademark portfolio in-house and realizing savings of well over $2 million in outside counsel expenses for searching, prosecution and maintenance of US registrations from 2008-2021. Fidelity put me through law school, and I continued working full time while attending law school at night over four years. Upon graduation and passing the bar in 2006, I was promoted to an attorney position effective 1/1/2007. My practice broadened, and I began working on more transactional matters. I became a key transactional attorney for major technology groups and businesses within Fidelity, and negotiated numerous mission critical tech deals, transforming Fidelity's business. I provided transactional and IP support for Fidelity's software development and services affiliate in Ireland, and worked extensively with many of Fidelity's other foreign affiliates. Fidelity's General Counsel handpicked me to provide transactional and IP support to a new business initiative in 2017. That initiative became fintech startup Akoya, LLC, a paradigm-shifting business that enables secure, customer-controlled sharing of personal financial information between financial institutions and service providers. I developed template agreements between Akoya and data providers (financial institutions) and also between Akoya and data recipients (e.g. tax preparation services and financial advisors). Akoya had matured enough to be spun out by Fidelity in early 2020 to a consortium of financial services companies. In 2021, Fidelity offered a voluntary buyout to long-tenured associates, and following the pandemic, coupled with the financial and health benefits included in the package, it was an offer I could not refuse. Days later, my elderly father-in-law broke his hip, and my wife and I became his primary caregivers. It's been a blessing that I was able to contribute to his care and alleviate some of the burden on my wife. He is now in a long-term care facility, and I am eager to return to work as in-house counsel, whether on a contract basis, part time or full time. I did work briefly as a sole practitioner in 2021 and 2022, primarily helping friends, family and pro bono clients with NDAs, business formation issues, consulting agreements and license agreements. From August 2022 - July 2023, I was on the staff of Flex by Fenwick, an in-house counsel on demand business that is a subsidiary of the IP firm Fenwick & West, but did not get any engagements. My wife and I have volunteered for over a year with a dog rescue, Last Hope K9 Rescue, and have fostered several dogs, and adopted two of them!

Robert C. on ContractsCounsel
View Robert
Member Since:
June 5, 2024

Robert C.

Attorney
Free Consultation
Elkhart, Indiana
39 Yrs Experience
Licensed in NY, VA
University of Buffalo Law School

A highly motivated, dedicated attorney (and military veteran) with proven experience in executive corporate leadership, legal risk mitigation, litigation, and legal department management. Skilled in collaborating with all members of the organization to achieve business and financial objectives with high-profile corporations. Instrumental in streamlining and improving processes, enhancing productivity, and implementing sound legal and business solutions.

Liliette A. on ContractsCounsel
View Liliette
Member Since:
June 6, 2024

Liliette A.

Attorney
Free Consultation
Miami, Florida
3 Yrs Experience
Licensed in FL
St. Thomas University, School of Law

I have been in the legal field since 2015 starting as an intern, moving my way up to paralegal to making my final way to Attorney. As an attorney I worked in civil litigation for a brief period of time and then I got into the the immigration field.

Michael P. on ContractsCounsel
View Michael
Member Since:
June 6, 2024

Michael P.

Lawyer
Free Consultation
Walpole, MA
21 Yrs Experience
Licensed in MA, NH
New England School of Law

I have been licensed since 2006 and have extensive experience in family law, personal injury, criminal law, and general litigation. I have a solo practice and I am seeking new opportunities.

kumar p. on ContractsCounsel
View kumar
Member Since:
June 23, 2024

kumar p.

Attorney
Free Consultation
Ny
27 Yrs Experience
Licensed in NY
University of connecticut

24 years experience handling Estate planning, corporate transactions, real estate and drafting of contracts, have represented numerous start ups in New York City and have drafted all types of commercial and investment documents for clients.

Christopher S. on ContractsCounsel
View Christopher
Member Since:
June 11, 2024

Christopher S.

Attorney
Free Consultation
Riverside
18 Yrs Experience
Licensed in CA
American University, Washington College of Law

I've been a solo practitioner since becoming barred, though I've had part-time arrangements with firms and lots of as-needed of-counsel arrangements. I have extensive experience in family law, civil litigation, unlawful detainers, administrative law, with ample experience in probate court, criminal defense and other areas.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,597 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Trademark Lawyers
TRADEMARK DISPUTE LAWYERS BY CITY
See All Trademark Dispute Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,597 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city