Imagine waking up one day to find another company using your logo, name, or slogan. It looks confusingly similar to your own, and worse, customers are starting to mix up their products with yours. This scenario is becoming increasingly common as brands grow digitally, and unfortunately, it can damage your business faster than you think.

At Cohn Legal, PLLC, we often hear from entrepreneurs and startups who discover that their brand is being copied and feel unsure where to begin. Protecting your intellectual property can seem complicated, but knowing what steps to take immediately can make all the difference. Your brand is everything. It represents trust, creativity, and the years of work you’ve put into building your identity. Here’s how to respond effectively when someone copies your brand.

Step 1: Stay Calm and Gather Evidence

Before you send any messages or post anything publicly, take time to document what’s happening. Start by capturing screenshots, URLs, product listings, and any advertisements where your copied material appears. Note the dates, locations, and platforms. You should also document any instances of customer confusion or lost business opportunities, as those details may become crucial if legal action is needed.

Evidence is your strongest ally in trademark disputes. Even if the situation feels urgent, avoid confronting the other party directly without first collecting everything you need. Organized documentation helps your attorney assess the situation quickly and determine whether a trademark infringement claim is viable.

Step 2: Confirm That You Own the Rights

Trademark protection depends on ownership. If your brand name, logo, or slogan is federally registered with the United States Patent and Trademark Office (USPTO), your position is significantly stronger. A registered trademark gives you exclusive rights to use that mark in connection with your goods or services nationwide.

If your mark isn’t registered yet, you may still have common law rights based on your actual use of the brand in commerce. However, enforcing those rights can be more challenging because protection is often limited to your geographic area. This is one of the reasons why trademark registration is so valuable, it provides legal leverage if someone tries to use your brand name anywhere in the country.

If you’re unsure about your current protection, an attorney can conduct a trademark clearance search to confirm your standing and determine whether your rights extend far enough to take enforcement action.

Step 3: Determine If It’s Truly Infringement

Not every case of similarity is trademark infringement. The key question is whether the other party’s use is likely to cause confusion among consumers. The USPTO and the courts look at several factors, including the similarity of the marks, the relatedness of the goods or services, and how each brand is marketed.

For example, if your company “BrightBean Coffee” sells premium roasted beans and someone launches “Bright Bean Café” in the same city, that’s a strong potential infringement case. However, if a software company in another state uses “BrightBean Analytics,” the overlap might not be significant enough to confuse consumers.

Trademark attorneys analyze these distinctions carefully, considering how your audiences might perceive the brands. Understanding the level of infringement helps decide whether to pursue legal remedies or a negotiated resolution.

Step 4: Consult a Trademark Attorney

Once you’ve gathered your evidence and assessed your ownership rights, contact a trademark attorney to help develop a clear strategy. A seasoned legal team can analyze your case, determine whether your rights are being violated, and recommend the most effective next steps.

At Cohn Legal, PLLC, we help founders and startups navigate trademark conflicts daily. We evaluate the scope of infringement, review your registration status, and assess whether sending a cease-and-desist letter or filing a legal complaint is the right move. Sometimes, quick and professional communication through your attorney can resolve the issue before it escalates.

Step 5: Send a Cease-and-Desist Letter

In many cases, the first formal step is sending a cease-and-desist letter. This letter demands that the infringing party stop using your brand and remove any infringing content from their platforms or products. It typically outlines your rights, the legal basis for your claim, and the actions you expect them to take within a specific timeframe.

A well-drafted cease-and-desist letter can often lead to a quick resolution without litigation. Most businesses don’t want to engage in a trademark dispute once they realize they are violating someone else’s rights. However, sending such a letter without legal guidance can sometimes backfire if it’s too aggressive or lacks the proper legal foundation. Always have your attorney prepare or review the document before it’s sent.

Step 6: Consider Filing a Complaint with the USPTO or in Federal Court

If the infringing party refuses to stop, you may need to escalate the matter through formal legal action. Trademark owners have the right to file a lawsuit in federal court or initiate a proceeding before the Trademark Trial and Appeal Board (TTAB) if the issue involves a registration dispute.

Federal court action allows you to seek remedies such as injunctions (orders requiring the infringer to stop using your mark), monetary damages, and sometimes recovery of legal fees. While this can be a lengthy process, it’s often necessary to protect your brand reputation and maintain control of your intellectual property.

If the other party’s trademark registration is pending, your attorney can file an opposition or cancellation proceeding at the TTAB. These administrative actions are less costly than full litigation and can prevent others from claiming exclusive rights to your brand.

Step 7: Strengthen Future Brand Protection

Once the immediate dispute is under control, take steps to strengthen your brand’s legal security. This includes registering all major trademarks, monitoring your brand name online, and keeping your registrations up to date. Setting up a trademark watch service can alert you when someone files a similar mark with the USPTO.

You should also educate your team about brand usage policies and make sure any partners, resellers, or affiliates use your trademarks correctly. Consistency not only reinforces brand recognition but also protects your legal standing.

Proactive brand monitoring and enforcement can save your business from future headaches. It shows competitors that you take your intellectual property seriously and are ready to act when necessary.

Protecting Your Brand with Confidence

Your brand is the soul of your business. It’s what customers remember and trust. When someone copies your brand, they aren’t just taking a name, they’re trying to profit from your reputation. Acting quickly, calmly, and strategically ensures your hard-earned goodwill stays in your hands.

At Cohn Legal, PLLC, we serve as your legal consigliere, helping you think big while staying protected. Whether you need help drafting a cease-and-desist letter, filing a TTAB opposition, or developing a proactive enforcement plan, our team is here to simplify the process and safeguard your brand every step of the way.