The Basics of Trademark Enforcement

We all have heard the saying, 'use it or lose it,' and that is precisely what will happen if you don't use and monitor your trademark. But what can you do when you discover trademark infringement? Find out more.

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the basics of trademark enforcement

Contents

Updated on: August 4, 2025
Read time: 3 min

If you own a trademark, chances are you don't want anyone else using it or any mark close to it. Your trademark is your brand, your reputation, and a beacon for your customers in a crowded marketplace. If you discover that another company or person is infringing on your trademark, you can and should take action to enforce your rights.

Actively using a trademark

You might own a trademark, but you can easily lose those rights. You have to actually use your mark if you want to prevent others from using it. Trademark laws protect marks that are used and not just sitting idle. The protection is evidence of this.

To use a trademark means you are trading with it in the marketplace—that is, it is being used to identify goods or services that you offer. Continual use is required to maintain your trademark. This is true even for trademarks that have been registered. Registration does not mean that you are exempt from actually using the mark. Five years after the initial registration, you will have to prove that the mark has been actively used. If three years pass and you haven't used your trademark, the courts will consider the mark abandoned.

If you don't use your trademark, you will have no legal recourse if you try to enforce your rights later on.

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Monitoring your trademark

The United States Patent and Trademark Office (USPTO) will not monitor or enforce your trademark. You have to keep an eye out for competitive products or services using your mark or a similar one. This is your responsibility—the law will not police your trademark.

To monitor your trademark, regularly check USPTO filings to see if any applications have marks similar to yours. You also want to keep your eye on the marketplace for companies or people who offer competitive products or services. You can either take the do-it-yourself approach and set up internet alerts for your trademark, or you can hire experts who will do the monitoring for you.

Enforcing a trademark

Most trademark-infringement enforcement strategies start with sending a cease and desist letter addressed to the trademark infringer. A cease and desist letter identifies the nature of the infringement and demands that the infringement stop immediately. You can write the letter yourself, preferably using your business letterhead. You can also hire an attorney to write and send this letter on your behalf. If the demand letter does not produce any results, then you will need to file a lawsuit.

You will only file a trademark infringement lawsuit if your cease and desist letter does not work. Lawsuits are expensive and require an experienced trademark attorney. If you have registered your trademark, you have the benefit of filing a lawsuit in federal court. If your trademark is not registered, and the infringing mark is being used in the same state in which you use your trademark, you file in state court.

If your lawsuit is successful, the court will issue an injunction—an order telling the infringing party to stop using your trademark. In some instances, you could recover damages that resulted in lost business revenue. If the infringing party used your trademark intentionally, the court could force them to forfeit profits gained by using your trademark, pay your damages, and pay your court and legal fees.

Trademarks are vital to the success of your business. You need to use them, monitor them for possible infringement, and take immediate action to stop the infringer when you identify them. If you don't, no one else will.

What would you like to protect?Register My Trademark
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

83 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
86 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
102 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
101 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
108 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
126 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
153 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
153 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
157 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
163 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
182 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
189 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
224 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
220 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
229 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
231 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
248 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
255 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
Rated4.6out of 5 based on23,946+ reviewson

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