Trademark Enforcement

Enforce Your Rights. Preserve Your Brand. Stop Infringers Before They Damage Your Business.

Registering a trademark is only half the battle. Once you own it, the law requires you to protect it. If you don’t, you risk losing more than just a name — you risk losing your legal rights altogether.

At TrademarkApplicationHelp.com, our attorneys help businesses enforce their trademarks through smart, calculated legal action. Whether you’re confronting a willful infringer, dealing with copycats on Amazon, or defending against brand dilution in your market, our approach is grounded in law, focused on outcomes, and tailored to your brand strategy.

You built your brand. Let us help you protect it.

What Does Trademark Enforcement Actually Mean?

Trademark enforcement is the legal process of stopping others from using your registered (or common law) trademark — or something confusingly similar — without your permission. That includes:

If you sit back and allow these uses to go unchecked, you could:

Enforcement isn’t about being aggressive — it’s about being legally responsible.

The Law Is Clear: Use It or Lose It

U.S. trademark law places the burden of enforcement on you, the rights holder — not the government, and not the USPTO. If you don’t object to infringers, courts may decide you’ve:

You may even be barred from enforcing your mark later under legal doctrines like laches, estoppel, or naked licensing — where your failure to act is used against you.

The solution? Create a proactive enforcement plan — and work with counsel to execute it strategically.

What Our Trademark Enforcement Services Cover

We offer a range of services that address enforcement needs at every level — from early warning to formal legal proceedings.

Infringement Risk Analysis

Before taking action, we evaluate whether a third party’s use of a mark truly constitutes infringement. We consider:

  • Similarity of marks in sight, sound, and meaning
  • Similarity of goods/services offered
  • Channels of trade and target customers
  • Evidence of actual confusion or likelihood thereof
  • The strength of your mark and registration status

You’ll get a written opinion, not guesswork. We’ll tell you if you have a case — and if so, what your best options are.

Cease and Desist Letters

This is often the first step in enforcement — and one of the most effective. We draft attorney-signed cease and desist letters that:

  • Clearly lay out your legal rights
  • Provide evidence of your registration and use
  • Detail the infringing behavior
  • Demand corrective action within a specific timeframe
  • Warn of escalation (opposition, takedown, or litigation)

Our letters are calibrated to the situation — firm, but professional. In most cases, a well-written letter backed by a law firm resolves the problem without needing to escalate.

Online Marketplace Enforcement

If someone is infringing on your brand on platforms like Amazon, Etsy, eBay, or Shopify, we take swift legal action to stop it. Our team can:

  • Prepare and submit takedown notices
  • Escalate claims under Amazon Brand Registry
  • Monitor for repeat offenders
  • Provide platform-specific declarations or affidavits, if needed

Marketplace infringement affects your reputation, revenue, and search visibility. We help restore your brand’s integrity and stop unauthorized sellers from profiting off your name.

USPTO Opposition & Cancellation Proceedings

If someone files a trademark application that threatens your rights, we can:

  • File a Letter of Protest (if the application is pending examination)
  • Request an Extension of Time to Oppose
  • File a Notice of Opposition before the TTAB (Trademark Trial and Appeal Board)
  • Initiate Cancellation Proceedings for marks that should never have been registered

These are legal proceedings inside the USPTO — similar to litigation, but more cost-effective. We handle every stage, from drafting pleadings to representing you in hearings.

Coexistence Agreements & Settlements

Not every conflict needs to end in opposition or litigation. Sometimes, marks can coexist if both sides agree to reasonable restrictions on use, geography, or industry scope. We negotiate and draft:

  • Coexistence agreements
  • Licensing agreements
  • Settlement terms that avoid future conflicts

Our goal is to protect your trademark without escalating unnecessarily — but always with an eye on enforcement if diplomacy fails.

When Should You Enforce Your Trademark?

Many clients ask: “How do I know when to take action?”

You should consider trademark enforcement if:

If you’re seeing any of these signs — don’t wait. The earlier you act, the more options you have.

What Happens If You Don't Enforce Your Rights?

You risk losing them.

Inaction can be used as evidence against you later — especially if the infringing party has been operating publicly. If you attempt enforcement years later, courts may say:

Bottom line: Enforcement isn’t optional. It’s part of brand ownership.

Let’s Talk

Let’s Take Back Control of Your Brand

You worked hard to build your brand. We’ll help you defend it — with smart legal tactics, strategic enforcement, and practical solutions tailored to your business.

Whether you need to send a letter, challenge a USPTO filing, or remove a rogue seller, we’re ready to act.