Key Takeaways

  • A trademark infringement complaint may be resolved through federal court or by reporting the issue directly to platforms hosting the infringing content.
  • Legal action for trademark infringement requires proof of ownership, use in commerce, and likelihood of consumer confusion or dilution.
  • You can report trademark misuse on marketplaces like Amazon, Etsy, and eBay using their proprietary reporting systems.
  • A cease and desist letter is often a recommended first step before legal action.
  • Proactive trademark monitoring can prevent long-term brand damage.
  • An attorney can help assess your legal position, draft proper notices, and handle litigation.

What is Trademark Infringement?

Understanding how to report trademark infringement is important for any trademark holder. Infringement of a trademark happens when someone uses a trademark or service mark in connection with or on their services or goods in an authorized manner. In order to qualify as infringement, the use of the mark must be likely to cause deception, confusion, or a mistake about the services' or goods' source.

Types of Trademark Infringement

Trademark infringement generally falls into two main categories:

  • Direct Infringement occurs when another party uses a trademark that is identical or confusingly similar to an existing registered mark, creating potential consumer confusion.
  • Indirect Infringement involves entities like distributors or sellers who knowingly contribute to or benefit from the infringement, even if they did not directly misuse the mark.

Trademark owners should also be aware of willful infringement, which can result in enhanced damages. Willful cases involve deliberate attempts to exploit the brand reputation of the original trademark holder.

How to Report Trademark Infringement

If you believe your trademark is being infringed upon, the next step is filing a lawsuit or other civil action in a federal or state court. This lawsuit will for trademark infringement. Most owners sue for this offense in federal court. If the plaintiff does file in state court, the defendant might be able to request a move of the case to federal court. In order to prove that a trademark has been infringed upon, there must be clear proof of how the mark has been used, establishing ownership. Ownership can be established through registering the mark with the United States Patent and Trademark Office (USPTO) or through the use of the mark over time.

The owner of a trademark who takes legal action for infringement is responsible for proving that the person using the mark has likely created confusion among brand consumers. Confusion among consumers often happens when buyers don't understand which products or services are provided by a specific company. If two separate companies are using similar trademarks, customers may confuse which products come from which brand. In this example, a USPTO-registered trademark will typically win a trademark infringement lawsuit.

Along with the option to claim likely confusion, the owner of a trademark also has the right to claim “dilution” of a trademark. When making this claim, the owner asserts that their mark is famous and that the existence of a similar mark lessens the original mark's value or strength by using it on something objectionable or distasteful or by blurring the distinctiveness of the mark.

Experienced trademark lawyers will consider the circumstances of each case and provide their opinion on the strength and validity of the infringement claims. The only way to report trademark infringement is by filing a lawsuit. 

Upon proving that a trademark has been infringed upon, there are several ways to rectify the situation:

  • Issuance of a court order requiring the infringer to discontinue use of the mark
  • Requiring payment back to the trademark owner, including any profits retained by the infringer, legal costs, and damages sustained during the use of the mark
  • Issuance of a court order requiring the infringer to pay any legal fees incurred by the mark owner
  • Issuance of a court order requiring the infringer to destroy and/or forfeit all products that include the mark 

A lawsuit that is not successful may occur if the defendant has a stronger defense, the trademark is found not to be infringed upon, or the trademark owner isn't entitled to legal action due to other circumstances. 

Alternative Enforcement Options Beyond Lawsuits

In addition to court litigation, trademark owners can explore these enforcement methods:

  • Administrative proceedings through the Trademark Trial and Appeal Board (TTAB) to challenge improper registrations.
  • Online takedown procedures offered by digital platforms, which often respond faster than legal systems.
  • Alternative Dispute Resolution (ADR) methods like mediation or arbitration, which can offer a less adversarial, faster resolution.

Taking a layered approach to enforcement helps tailor the response based on the severity of the infringement and the resources available.

Filing a Complaint with the USPTO (and Limitations)

It's important to understand that the United States Patent and Trademark Office (USPTO) does not enforce trademark rights. It does not process trademark infringement complaints nor penalize infringers. Enforcement is left to the trademark owner.

However, you may file a Letter of Protest with the USPTO if someone attempts to register a trademark that is likely to infringe on yours. This allows you to raise objections during the registration process, not after infringement has occurred.

Pre-Litigation Steps: Cease and Desist Letters

Before filing a formal trademark infringement complaint, most attorneys recommend sending a cease and desist letter. This letter serves as a formal request for the infringer to stop using the mark, providing:

  • A clear explanation of your trademark rights
  • Evidence of ownership and registration (if applicable)
  • Description of the infringing use
  • A deadline for compliance

This step is often effective and can lead to resolution without court involvement, which saves time and money. However, consult an attorney to ensure the letter is properly drafted and legally sound.

Links to Online Marketplaces' Infringement Policies and Reporting

Most big companies have information about their trademark infringement policies available through their websites. For example, AliProtect is Alibaba's program for reviewing content that has been infringed upon. The program includes specific steps in a flowchart for those holding trademark protection. In order to submit a claim through AliProtect, you must have an account on Alibaba.

Amazon's website includes a complaint form for trademark holders and their agents. This online form can be submitted directly to Amazon if the trademark holder believes that content listed on the site infringes on their rights. Once the complaint is submitted, Amazon may start an investigation. Before you can report any infringing content on eBay, you must register at the Verified Rights Owner (VeRO) of the mark. Information about registering as the VeRO is available on their website.

The popular homemade goods website, Etsy, also has its own dedicated agent who is responsible for managing notifications and procedures related to trademark infringement. After receiving a complaint, the agent will launch an investigation. The main courses of action are removing or blocking the listing or disabling the account that posted the infringing content.

International Trademark Infringement Complaints

If your brand is being infringed upon in other countries, U.S. trademark law may not apply. However, there are steps you can take:

  • File for international protection through treaties like the Madrid Protocol.
  • Work with local counsel in the country of infringement to file claims or send cease and desist letters.
  • Use global enforcement portals, such as Alibaba’s AliProtect, or WIPO’s enforcement tools, to report international infringements.

Trademark enforcement abroad requires a jurisdiction-specific approach, so legal counsel is highly recommended.

When to Involve a Trademark Attorney

While some trademark infringement complaints can be handled independently, there are several situations where legal counsel is highly advisable:

  • If infringement is widespread or involves significant financial damage
  • If the infringer challenges your claim or files a counter-lawsuit
  • When pursuing court action or preparing for mediation or arbitration
  • When the infringement spans multiple jurisdictions, including international cases

An attorney can evaluate the strength of your claim, represent you in proceedings, and ensure your enforcement strategy complies with legal standards. You can find a qualified trademark attorney through UpCounsel to help you navigate these complexities.

Monitoring for Infringement Proactively

Protecting a trademark doesn’t stop at registration. Proactive monitoring can help catch infringement early. Consider the following strategies:

  • Set up Google Alerts for your brand or product name.
  • Monitor domain registrations using services that track similar web URLs.
  • Use online brand protection tools that scan marketplaces and websites.
  • Work with a trademark attorney or watch service to monitor USPTO filings.

These efforts can help you act quickly when unauthorized use is detected and maintain the strength of your mark.

What to Include in a Trademark Infringement Complaint

When submitting a complaint, whether in court or through an online platform, be prepared to include the following:

  • A description of your trademark and how it's used
  • Evidence of your registration with the USPTO or common law use
  • Description of the infringing product, service, or listing
  • URLs, screenshots, or photos of the infringing use
  • Proof of consumer confusion or brand damage, if available
  • Your contact information and statement of good faith belief

This documentation helps demonstrate the legitimacy of your claim and increases the likelihood of swift action.

Frequently Asked Questions

  1. What is the first step in a trademark infringement complaint?
    Typically, a cease and desist letter is the recommended first step before filing a formal lawsuit.
  2. Can I report trademark infringement directly to the USPTO?
    No, the USPTO does not enforce trademark rights. You must file a lawsuit or report the infringement to relevant platforms.
  3. What evidence should I include in my complaint?
    Include your trademark registration, examples of infringing use, and proof of consumer confusion or brand damage.
  4. Can I report infringement on social media?
    Yes, platforms like Facebook, Instagram, and YouTube offer trademark complaint forms within their support centers.
  5. Do I need a lawyer to file a trademark infringement lawsuit?
    While not legally required, hiring an attorney is highly recommended to navigate the legal complexities and improve your chances of success.

If you need help with how to report trademark infringement, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.