Enriching Life Through Innovative Ideas SM

What is trademark infringement?

If you have recently created a trademark for your business, product or service, you want to ensure it does not fall into the hands of any other entity. Your trademark represents your product, brand and/or name. When someone else uses it, it may mislead consumers, destroy your reputation and affect your bottom line. Trademark infringement occurs when an entity uses a mark without your permission. There are steps you can take to defend your business against trademark infringement.

When you discover that another party has been using your mark, you should determine what type of action you want to take. You may contact the entity and inform them of the infringement or you may file a trademark infringement lawsuit. This will prevent the other party from continuing to use your mark and it may allow you to collect any monetary damages that have occurred as a result of the unauthorized use.

As a trademark owner, it is your responsibility to ensure that no one uses your mark. This involves continued monitoring for potential infringements, as well as filing claims against those who are committing infringement. When you register your mark with the U.S. Patent and Trademark Office, it makes it easier to enforce and protect your mark.  However, you can protect a mark through common-law use as well. Online trademark search services allow people to search for marks that may be similar to their own. It is important to keep an eye out for any marks that consumers may confuse for your brand.

This information is intended to educate and should not be taken as legal advice.

FindLaw Network

What Our Clients Say

Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.


I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.


Read All