You discover that someone is infringing your trademark.  What do you do next? You have several options if you find that some third party is infringing your brand or trademark.  Initially, you should assess the seriousness of the infringement. An experienced trademark attorney will be able to help you understand the merits of your claim and what possible defenses might arise.  A full understanding of the merits of a potential claim for trademark infringement is critical before sending a notice or cease and desist letter or filing a trademark infringement lawsuit. It could backfire if you assert rights in a mark that you do not actually own or try to extend your trademark rights beyond what is permitted by the law.

Next, you must decide whether or not to send a cease and desist letter and/or sue for trademark infringement. Knowing when to send a trademark cease and desist letter and when to file a trademark infringement lawsuit requires extensive experience.  Every case differs and many variables must be considered. A knowledgeable and experienced trademark attorney will take these variables into account when advising a client on strategy and the best way to proceed.

Many steps exists in the legal process before you file a lawsuit for trademark infringement. Too many clients jump right into trademark litigation without fully analyzing the merits of their case. Being prepared is critical. An experienced trademark lawyer can help you understand the best course of action and whether filing a lawsuit aligns your trademark protection program and will provide a positive return on investment.