Your brand is one of your company’s most valuable assets—and protecting it from infringement is critical. Once you’ve identified a confusingly similar or infringing trademark, the next step is to enforce your rights. A strong trademark enforcement strategy combines legal action, administrative tools, and practical steps to safeguard brand value and consumer trust.
Here are the most effective enforcement options available.
Cease-and-Desist Letters and Legal Proceedings
A cease-and-desist letter serves as both a formal notification of your rights and a strategic opening move in trademark enforcement. Many infringement cases resolve at this stage when infringers realize the legal risks they face, making litigation unnecessary and preserving resources for both parties.
A cease-and-desist letter is often the first step in trademark enforcement. This letter notifies the infringer of your prior rights and demands that they stop using the mark. Because it raises the threat of litigation, it can be an effective way to quickly end infringement without going to court.
If the infringer ignores the letter or refuses to cooperate, you may need to escalate to a federal trademark infringement lawsuit. Remedies in court may include:
- Injunctive relief (stopping the infringing use)
- Damages and recovery of costs
- In some cases, attorneys’ fees and treble damages
Federal litigation is often the most powerful enforcement mechanism when infringement is serious or ongoing.
USPTO Challenges: Letters of Protest and TTAB Proceedings
When the infringing mark involves a federal trademark application or registration, the USPTO provides administrative remedies that can be more cost-effective than federal litigation. These proceedings operate within a specialized framework that focuses specifically on trademark rights rather than broader civil claims.
If the infringing mark is tied to a federal trademark application or registration, the U.S. Patent and Trademark Office (USPTO) offers tools to challenge it:
Letter of Protest: Filed during examination, this can prompt the USPTO to refuse registration.
Opposition Proceeding: Filed after publication, it allows brand owners to oppose registration at the Trademark Trial and Appeal Board (TTAB).
Cancellation Proceeding: Used against already-registered marks to cancel the infringing registration.
TTAB proceedings share procedural aspects with litigation but are often more cost-effective and efficient. They can also open the door to business negotiations, such as coexistence agreements, that prevent consumer confusion.
Social Media Takedowns for Online Brand Protection
Social media platforms have become primary channels for brand infringement, making platform-specific enforcement tools increasingly important. Quick action on these platforms prevents confusion from spreading and protects your brand reputation where consumers are most engaged.
Unauthorized use of trademarks on social media can damage brand reputation and confuse consumers. Major platforms like Amazon, Facebook, Instagram, and X offer trademark owners streamlined takedown processes:
- Many platforms require a federal trademark registration to consider takedown requests
- Takedown forms are short and usually processed quickly
- Having an attorney submit the notice ensures compliance and can help navigate resistance from platforms
This is a fast and efficient method to protect your brand online. For more insights, see our related article on “How to Remove Trademark Infringement on Social Media Platforms.”
US Customs Enforcement Against Counterfeit Goods
Customs enforcement provides a proactive barrier that stops infringing goods before they enter the US market and reach consumers. This preventive approach is particularly valuable for brands facing systematic counterfeiting from overseas manufacturers.
Counterfeit goods entering the U.S. market can cause serious financial harm. By recording your federal trademark registration with U.S. Customs and Border Protection (CBP), you empower CBP officers to:
- Detain, seize, and destroy counterfeit or infringing goods
- Prevent unauthorized products from reaching U.S. consumers
This program is relatively low-cost and a highly effective tool for businesses concerned about counterfeit imports.
Building a Comprehensive Enforcement Approach
Trademark enforcement is not about choosing a single option—it’s about building a layered approach that addresses infringement wherever it appears. Whether through cease-and-desist letters, TTAB proceedings, social media takedowns, or customs enforcement, each tool plays a role in protecting brand equity and reducing consumer confusion.
The most effective enforcement strategies combine multiple tools tailored to specific infringement scenarios. Online infringement may require social media takedowns combined with cease-and-desist letters, while physical counterfeiting demands customs recordation alongside potential litigation. Strategic enforcement protects not just individual marks but your entire brand ecosystem.
Ready to protect your trademark from infringement? Our experienced trademark attorneys can evaluate your situation and develop a tailored enforcement plan that addresses infringement across all channels. Contact us to discuss how to safeguard your brand value and consumer trust.