Start with evidence. Define the objective.
A dispute is more than a name comparison. DBA considers the history of use, the products and customers involved, the existing record, and the commercial stakes. The goal is an informed response, whether that involves negotiation, a registration proceeding, or litigation.
EXPLORE THE PROCESS
Which side of the issue are you on?
Choose a starting point. These routes organize the conversation; they do not decide whether infringement exists.
Someone is using a similar brand
01DOCUMENTPreserve the relevant material
Collect dated screenshots, product examples, correspondence, registrations, and information about your own use. Keep original records.
02EVALUATEAssess the rights and the business impact
Counsel reviews ownership, priority, possible confusion, available defenses, and the effect on your business.
03CHOOSEDiscuss a proportionate response
Options may include further investigation, outreach, a negotiated arrangement, or a formal proceeding. Consider objectives and potential counterclaims before making demands.
04FOLLOW THROUGHDocument and monitor the outcome
If a resolution is reached, define its terms. If formal action is warranted, identify the forum, scope, and budget.
I received a demand or lawsuit
01ACT PROMPTLYIdentify deadlines and preserve records
Keep the letter, complaint, service documents, brand-use records, and relevant communications. A lawsuit requires attention to court deadlines.
02REVIEWTest the claim against the facts
A demand letter is an allegation, not a court ruling. Counsel can examine the asserted rights and discuss possible defenses and business options.
03PLANCoordinate the response
Discuss negotiation or litigation strategy before making admissions, abandoning the brand, or contacting the other side.
Two different questions. Two different forums.
Federal registration
The Trademark Trial and Appeal Board decides registration questions, including oppositions and cancellations. It does not award damages or issue injunctions stopping use.
Marketplace conduct
Infringement and remedies such as injunctions or damages generally belong in court. Forum, jurisdiction, and available relief require case-specific analysis.
Bring these to the conversation
- Registrations, applications, and first-use evidence
- Screenshots and examples of both brands
- Demand letters, pleadings, and deadlines
- Your practical objective: stop confusion, negotiate, or defend
Questions worth asking
Will the USPTO enforce my trademark for me?
No. Trademark owners are responsible for enforcing their rights. Registration and enforcement are separate matters.
Must every dispute become a lawsuit?
No. Investigation and negotiation may be appropriate. Other disputes require formal action. We discuss the options in light of the facts and your goals.
What does federal trademark registration add to common-law rights?
Use can create trademark rights without federal registration, but those rights may be limited by geography and the facts of use. Federal registration offers important nationwide benefits, including public notice and legal presumptions. It does not erase every earlier user’s rights or give ownership of a word for every industry.
What should I do after receiving a trademark cease-and-desist letter?
Keep the letter, identify any stated deadline, and preserve records of adoption and use. Do not assume that the sender’s registration proves every allegation, or that your own LLC filing resolves the dispute. Counsel can assess the asserted rights and response options. Contact DBA for an hourly engagement assessment and explore our IP litigation practice for contested matters.
Is a TTAB opposition the same as an infringement lawsuit?
No. The Trademark Trial and Appeal Board decides rights to federal registration, including oppositions and cancellations. It does not decide infringement claims or award damages. A registration dispute and a court dispute can require different strategies. Substantive contested work is hourly; discuss the proceeding and deadline with counsel.
How can I tell whether a trademark invoice is genuine?
Do not pay simply because a notice uses your serial number or looks official. Trademark records are public, and misleading solicitations can copy those details. Compare the notice with the official record and ask your attorney before paying an unfamiliar service. The USPTO publishes examples of common scams and misleading offers.
Can federal registration help address counterfeit imports?
Eligible marks registered on the USPTO’s Principal Register can be recorded with U.S. Customs and Border Protection through its separate recordation process. Supplemental Register marks are not eligible for that recordation. Registration alone does not complete the CBP step. Discuss the products, registrations and supply chain with counsel.