My Trademark is being copied: What should I do?
27 July 2026
Someone is using your trademark without permission: what you can do and how to act in time
If you detect that another company, an online seller, or a competitor is using a name, logo, or sign that is identical or similar to your registered trademark for products or services that are identical or similar to yours, you are very likely facing trademark infringement.
The good news is that, if your trademark is properly registered, you have several legal options available. The bad news is that the sooner you act, the better the outcome is likely to be, both from a business perspective and during legal negotiations.
How to know whether it is really an infringement
Not every similar use automatically constitutes infringement. It is important to assess several factors carefully and, preferably, with professional advice:
- Is the sign identical or sufficiently similar in sound, appearance, or meaning to create confusion among average consumers?
- Are the products or services identical or similar to those covered by your registration, or do they belong to a completely unrelated sector?
- Is your trademark registered (and not merely used) for the relevant territory and classes? Without registration, your enforcement options are significantly more limited and more difficult to prove.
- Is the sign being used as a trademark (to identify products or services in the marketplace), or is it being used descriptively, referentially, or in another way that may be protected by legal exceptions?
A rushed assessment can lead you to act against someone who is not actually infringing your rights, creating legal and reputational risks of its own.
First steps: what to do as soon as you detect it
- Gather evidence before contacting anyone. Collect dated screenshots, copies of advertisements, purchase invoices where possible, domain registration records, and social media or marketplace profiles. This evidence is essential both for negotiations and for any future litigation.
- Do not contact the alleged infringer immediately without professional advice. A poorly drafted message can weaken your legal position, alert the infringer to hide evidence, or unnecessarily escalate the dispute.
- Verify the actual scope of your registration (territory and classes). Your ability to act depends directly on whether your trademark covers the relevant territory and products or services.
- Assess the urgency of the situation. A local competitor selling a similar physical product presents very different challenges from a large-scale online impersonation campaign capable of damaging your reputation. The strategy and timelines will depend on the specific circumstances.
Available enforcement options
1. Cease-and-desist letter
In most cases, this is the recommended first step. It involves a formal communication (usually sent through a lawyer or trademark attorney) requiring the infringing party to cease the unauthorized use, with or without a claim for damages, before pursuing court action.
A significant proportion of disputes are resolved at this stage, particularly when the infringer was unaware of the conflict or did not act in bad faith.
2. Opposition or invalidation proceedings before the trademark office
If the infringer has applied for or registered a trademark similar to yours, you may:
- File an opposition while the application is still pending.
- Request invalidation of the registration if it has already been granted and your earlier rights predate it.
This is one of the main reasons why a thorough trademark clearance search before filing and ongoing trademark watching afterwards are so important. They allow you to identify conflicting applications during the opposition period, which is usually much faster and more cost-effective than seeking invalidation later.
3. Court action
If a cease-and-desist letter does not resolve the matter, or if the seriousness of the case justifies immediate action from the outset (for example, large-scale counterfeiting or obvious bad faith), court proceedings may be necessary.
Possible remedies include an order to cease the infringing use, compensation for damages, and other legal measures, including urgent preliminary injunctions in certain circumstances.
4. Action through online platforms and marketplaces
When infringement occurs online—through marketplaces, social media platforms, online advertising, or domain names—many platforms have specific notice-and-takedown procedures for infringing content.
These mechanisms often allow rights holders to act more quickly than through traditional court proceedings, particularly in cases involving impersonation or the sale of counterfeit goods.
Why ongoing monitoring helps you avoid acting too late
Many of the most difficult trademark disputes are not those detected early, but those discovered months or years later, after the infringer has already built a reputation under the conflicting sign, developed its own customer base, or even registered its own trademark without opposition.
Active monitoring of new trademark applications, both nationally and internationally, as well as online use of your brand, allows you to:
- Detect conflicting applications within the opposition period, which is generally the fastest and most cost-effective way to prevent a problematic registration from being granted.
- Identify unauthorized uses, imitations, or counterfeits at an early stage, when cease-and-desist measures are more likely to succeed and reputational damage remains limited.
What happens if your trademark was not properly registered
If, when you discover the infringement, you realize that your trademark does not cover the territory or classes where the conflicting use is taking place, your enforcement options may be significantly reduced.
This highlights the importance of two strategic decisions:
- Conducting a thorough trademark clearance search before filing.
- Choosing the appropriate territorial scope for trademark protection.
These are key elements of a long-term trademark protection strategy and should be considered carefully from the outset.
How we handle it at PADIMA
At PADIMA, we actively monitor new trademark filings at both national and international levels and monitor online activity to detect imitations, impersonation, and unauthorized uses of your brand.
When a conflict is identified, we prepare the most appropriate enforcement strategy—whether through a cease-and-desist letter, opposition, invalidation action, or court proceedings—so that you can act promptly and with maximum legal certainty.
Explore our Trademark Registration and Protection Services, or learn more about our Online Brand Monitoring and Enforcement Services and Worldwide Trademark Watching Services.
Frequently asked questions
Gather evidence such as dated screenshots, advertisements, and domain registration records before contacting the infringer. You should also verify the territorial scope and classes covered by your registration and seek professional advice to evaluate your options.
In some cases, it is possible to establish rights based on prior use. However, this approach is generally more limited, slower, and less predictable than enforcing a registered trademark.
A specific opposition period applies after publication of the application, although the exact deadline varies depending on the trademark office. This is why active trademark watching is essential to avoid missing the opportunity to file an opposition.
No. Many disputes are resolved through a cease-and-desist letter, particularly where there is no clear evidence of bad faith. Litigation is typically reserved for disputes that cannot be resolved amicably or that involve particularly serious circumstances.
In addition to traditional legal remedies, many online platforms offer their own notice-and-takedown procedures for trademark infringement, allowing rights holders to respond more quickly to impersonation, counterfeit listings, and other unauthorized uses.
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