In today’s digital economy, your brand name and logo are more than just creative assets, they’re your business’s reputation, trust signal, and most valuable intellectual property. So what happens when you discover someone else is using your brand name, logo, or even a confusingly similar design?

Whether it’s a competitor, an Amazon seller, or someone on Instagram mimicking your branding, unauthorized use of your mark can lead to serious issues: customer confusion, lost sales, and long-term brand damage.

In this guide, we’ll walk you through what to do if someone is using your brand name or logo in 2025. You’ll learn how to protect your rights, stop the infringement, and secure your business from future misuse.

Understanding Trademark Rights and Infringement

What Is a Trademark?

A trademark is any name, word, phrase, symbol, design, or combination that identifies your goods or services and distinguishes them from competitors. In business, that includes:

• Your brand name
• Your logo or visual icon
• Taglines or slogans
• Product line names
• Stylized versions of your name

What Is Trademark Infringement?

Trademark infringement happens when another party uses your mark – or something confusingly similar – without permission, in a way that’s likely to cause consumer confusion. This can occur:

• Online (e.g., domain names, websites, social media handles)
• On physical goods (e.g., knock-off apparel or packaging)
• In ads, emails, or search engine listings
• In business names or storefronts

Trademark infringement violates federal law under the Lanham Act and can entitle the trademark owner to a variety of legal remedies.

Do You Need to Have a Registered Trademark?

Not necessarily, but it helps. You can have common law rights just by using a brand name in commerce. However:

• Registered trademarks offer stronger legal protections
• You get nationwide exclusivity, not just local rights
• You gain access to federal courts and enhanced damages
• You can more easily stop domain squatters, social impersonators, and counterfeiters

If your brand name or logo is important to your business, registering it with the U.S. Patent and Trademark Office (USPTO) is a smart move.

What to Do If Someone Is Using Your Brand Name or Logo

Step 1: Confirm That It’s Infringement

Before taking any action, assess the situation carefully. Not all uses of similar names are infringement.

Ask yourself:

• Is the other business offering similar goods or services?
• Could the average customer be confused between the two?
• Are they using a name or logo that’s identical or very close to mine?
• Are customers mistakenly contacting them thinking it’s us—or vice versa?

If the answer to any of these is yes, you may be dealing with trademark infringement.

Step 2: Document the Infringing Use

Gather as much evidence as you can:

• Screenshots of the infringing website, ad, product page, or social media post
• Copies of any marketing or packaging materials
• URLs, handles, and business names
• Emails or messages from confused customers

Include time-stamped files and clear visuals to support your case. If the use is on a third-party platform (like Amazon, Etsy, Instagram, or Shopify), be sure to save platform URLs and product listings.

Step 3: Conduct a Trademark Search

Before you accuse someone of infringing on your brand, make sure:

• You are the senior user of the mark (used it first)
• Your mark isn’t already registered by someone else
• There’s no potential dispute over classes or goods/services

An experienced trademark attorney can help you run a proper likelihood of confusion analysis, which is the legal test used to determine infringement.

Legal Options to Enforce Your Rights

Option 1: Send a Cease and Desist Letter

This is often the first and most effective step. A cease and desist letter notifies the other party that they’re infringing and demands they stop immediately. A strong letter should include:

• Evidence of your trademark rights (e.g., USPTO registration or first-use proof)
• Details of the infringement
• Specific demands (e.g., remove logo, stop using name, delete accounts)
• A deadline for compliance
• The warning of legal action if not resolved

Most businesses want to avoid legal trouble and will comply quickly. Others may push back—especially if they don’t believe they’re doing anything wrong.

Option 2: File a Trademark Infringement Lawsuit

If informal efforts fail, filing a federal trademark lawsuit may be necessary. This is common when:

• The infringer refuses to stop
• There is evidence of intentional copying
• You’ve lost revenue or reputation
• Your brand’s long-term value is at risk

In court, you can ask for:

• Injunctive relief (forcing them to stop)
• Monetary damages (lost profits, legal costs, or treble damages for willful infringement)
• Destruction of infringing goods
• Transfer of domain names or accounts

Even the threat of a lawsuit can compel action. A trademark attorney can help you weigh the risks and benefits.

Option 3: File a Platform Complaint (Amazon, Meta, Google, etc.)

If the infringing activity is happening on a third-party platform, you can file a trademark takedown request directly through that platform’s IP protection system:

• Amazon Brand Registry
• Meta Rights Manager (Facebook/Instagram)
• TikTok IP Complaint Form
• Shopify DMCA Portal
• Google Ads Trademark Complaint

You’ll need to show proof of your trademark rights. Registered marks are processed faster and more reliably.

Option 4: UDRP Domain Disputes

If someone is squatting on a domain name that includes your brand (e.g., [yourbrand]store.com), you may be able to file a Uniform Domain-Name Dispute Resolution Policy (UDRP) complaint to take it down or reclaim it.

You’ll need to prove:

• The domain is identical or confusingly similar to your trademark
• The owner has no legitimate interest in the domain
• The domain was registered in bad faith

What If Your Trademark Isn’t Registered?

You still have common law trademark rights, especially if you’ve been using the brand name in commerce in your geographic region. You may still:

• Send a cease and desist letter
• File a takedown notice with a platform
• Sue for infringement (but you’ll need more proof of usage and reputation)

However, without a registered trademark, your rights are more limited, and you may have a harder time enforcing them. It’s much easier (and cheaper) to protect your brand when it’s registered.

How to Prevent Future Trademark Infringement

1. Register Your Trademark

If you haven’t done it yet, apply for a federal trademark registration through the USPTO. This is the most effective way to:

• Secure nationwide rights
• Deter copycats
• Enforce against infringers on any platform
• Build brand value

You can trademark your:

• Brand name (word mark)
• Logo
• Tagline or slogan
• Product line or course name

2. Monitor for Infringement

Set up alerts and systems to stay informed:

• Google Alerts for your brand name
• Regular checks on Amazon, Etsy, and social media
• Trademark monitoring services or watch reports

The earlier you catch infringement, the easier it is to stop.

3. Use Proper Trademark Symbols

• Use ™ next to unregistered marks you’re using in commerce
• Use ® once your trademark is officially registered
• This puts the public on notice and strengthens your case in court

4. Enforce Consistently

If you allow others to use similar names or logos without consequence, your trademark rights may weaken over time. Consistent enforcement helps preserve your legal protections.

FAQs: Trademark Infringement and Brand Protection

Can I sue someone for using a similar brand name?

Yes, if their use is likely to cause confusion among consumers and you have legal rights to the mark (registered or common law), you may have grounds for a trademark infringement claim.

How much does it cost to file a lawsuit?

Trademark lawsuits can range from $10,000 to $100,000+, depending on complexity. However, many disputes are resolved through cease and desist letters or platform takedowns before litigation is needed.

What if the person using my brand is in another country?

You can still take action. If they’re selling to U.S. customers or infringing on your U.S. trademark, you may be able to sue in U.S. federal court or file international takedowns.

Should I trademark my name if I’m just starting?

Yes. Even if you’re small now, securing your trademark early prevents future disputes and makes scaling much easier, especially if you plan to sell online, enter retail, or license your brand.

Protect Your Brand with LawTask

Dealing with trademark infringement is frustrating, but you don’t have to handle it alone. At LawTask, we offer flat-fee legal services that help small business owners, online brands, and content creators protect and enforce their trademarks.

Our services include:

✅ Trademark searches and USPTO filings
✅ Cease and desist letters
✅ Takedown notices and platform enforcement
✅ Brand strategy and protection plans
✅ Office Action responses and ongoing counsel

Whether you’re responding to infringement or want to secure your brand before it happens, we’ve got your back.

🔒 Ready to Defend Your Brand?

👉 Book a free consultation or Request pricing to get started.

At LawTask, we help entrepreneurs protect what they’ve built so they can grow with peace of mind.