If you believe that someone is infringing on your trademark rights, there are a few steps you can take to protect your trademark and stop the infringing activity.
Conduct a trademark search: Before taking any action, it is important to determine if the individual or company is actually infringing on your trademark rights. Conduct a comprehensive trademark search to determine if the infringing mark is similar to your trademark and is being used in a way that is likely to confuse consumers.
Send a Cease and Desist Letter: If you have determined that your trademark rights are being infringed, consider sending a cease and desist letter to the infringing party. A cease and desist letter is a formal demand for the infringing party to stop using your trademark and to take any necessary steps to remedy the situation.
Negotiate a resolution: After sending a cease and desist letter, it may be possible to negotiate a resolution with the infringing party. This can include reaching an agreement for the infringing party to stop using your trademark, or for the infringing party to change the mark in a way that does not infringe on your rights.
File a trademark infringement lawsuit: If the infringing party does not respond to your cease and desist letter or if negotiations break down, you may need to file a trademark infringement lawsuit in order to protect your trademark rights. A trademark infringement lawsuit can be a lengthy and expensive process, so it is important to consider all of your options before proceeding with a lawsuit.
Contact an attorney: If you believe that someone is infringing on your trademark rights, it may be helpful to contact an attorney who specializes in trademark law. An attorney can provide you with advice on the best course of action, help you draft a cease and desist letter, and represent you in court if necessary.