Someone Is Using My Trademark — What Do I Do?

Trademark conflicts are not rare, and acting early matters. In May 2025, the USPTO announced that more than 50,000 goods and services had been canceled from trademark registrations through expungement and reexamination proceedings under the Trademark Modernization Act. That is a strong reminder that trademark rights are not just about getting on the register. They also depend on accurate use, active enforcement, and keeping the register clear of marks that should not block others.

If someone is using your trademark, the best response is usually not the loudest one. It is the most organized one. You need to confirm whether this is true infringement, collect proof, choose the right channel, and escalate only when the facts justify it.

What Counts As Trademark Infringement?

Trademark infringement happens when someone uses a mark in a way that is likely to cause confusion, deception, or mistake about the source of goods or services. It does not have to be an exact copy. Similar sound, appearance, meaning, or commercial impression can be enough in the right context.

Common Examples Of Trademark Misuse

• A seller uses your brand name in a product title
• A competitor copies a logo that looks too close to yours
• A marketplace listing uses packaging that suggests affiliation
• A new application is filed for a similar mark in related goods or services
• A domain, social handle, or storefront name creates customer confusion

Before You Act, Consider These Three Questions

• Do you actually own enforceable rights?
  Federal registration is powerful, but common law rights may also matter depending on use and geography.
  
• Is the use likely to confuse buyers?
  That is the core issue in many trademark disputes.
  
• Where is the misuse happening?
  A USPTO dispute, an Amazon listing, and an Etsy shop often require different responses.

Step 1: Preserve Evidence Before You Contact Anyone

Do this first—before contacting anyone. Listings can change, screenshots can disappear, and sellers may rename storefronts. If you reach out too early, the other side may remove or edit the evidence you need later.

What To Save

• Dated screenshots
• Product URLs
• Store names and seller IDs
• Side-by-side images of your mark and the accused use
• Order confirmations if you bought a sample
• Customer messages showing confusion
• Your own proof of use, such as packaging, invoices, ads, and website pages

Quick Evidence Checklist

A clean evidence file makes every next step easier, whether you send a letter, file a report, or talk to counsel.

Step 2: Decide Whether To Handle It Yourself Or Escalate

Not every infringement problem needs the same response.

You Can Often Handle It Yourself When

• The misuse looks accidental
• The seller is small and responsive
• The infringement is limited to one or two listings
• You have a clear registration and strong screenshots
• The goal is simply removal, not damages

You Should Usually Escalate When

• The seller keeps reappearing
• The products look counterfeit
• Multiple listings or channels are involved
• The other side has already hired counsel
• The infringement is costing you meaningful sales
• The issue spans multiple states or countries
• You may need court relief, not just a platform removal

Simple Rule Of Thumb

Step 3: Send A Cease And Desist Letter

A cease and desist letter is often the first formal move because it is faster and less expensive than a court case.

Done well, it can solve a problem early. Done badly, it can make the dispute messier.

What Your Letter Should Include

• Your name and business name
• The trademark at issue
• Your registration number, if you have one
• A short description of where and how the misuse appears
• A clear request to stop specific conduct
• A reasonable deadline
• A professional tone

What To Avoid

• Threats you are not prepared to follow through on
• Overstating rights you do not have
• Emotional language
• Legal jargon with no explanation
• Vague demands like “remove everything immediately” without specifics

Sample Structure

• Identify your mark
• Identify the misuse
• Explain why it is likely to confuse customers
• State what you want removed or changed
• Give a deadline
• Reserve your rights without sounding reckless

If the issue looks minor, this may be enough. If the other side ignores you or responds aggressively, move to the next channel.

Step 4: Use The Right USPTO Process

This is where many business owners get confused.

The USPTO is essential for registration-related disputes, but it does not act like a marketplace police force. The TTAB decides who has the right to register or keep a registration. It does not decide infringement damages and does not issue injunctions to stop use in the market.

When A USPTO Filing Makes Sense

Use the USPTO or TTAB route when the conflict is about:

• A pending application you want to oppose
• An existing registration you want to cancel
• A registration problem tied to your own application
• A formal registration dispute where marketplace takedowns are not enough

When A USPTO Filing Does Not Solve The Problem By Itself

A USPTO filing will not directly remove a bad Amazon listing tomorrow.

If your immediate problem is active online selling, a platform report or court action may be more practical first.

USPTO Fees You May Actually Encounter

The USPTO’s current trademark fee schedule reflects the 2025 fee rule, which remains in effect in 2026. The base application fee is $350 per class, with added surcharges in some situations. TTAB notice of opposition and petition for cancellation filings are $600 per class when filed electronically.

This is one reason to pick the right path early. Filing the wrong kind of action adds cost without fixing the actual business problem.

Step 5: Report The Infringement On Amazon

If the misuse is happening on Amazon, use Amazon’s reporting system instead of relying only on email threats.

Amazon states that any IP rights owner or agent can use its Public Notice Form, while brands enrolled in Amazon Brand Registry can use the Report a Violation tool. Amazon also says that if your brand is enrolled with a pending trademark, you cannot use Report a Violation for trademark claims until the mark is fully registered.

What To Prepare Before Filing

• Your registration details
• Screenshots of the infringing listing
• ASINs, offer links, or product URLs
• Clear explanation of why the listing is infringing
• Your contact information

Why Amazon Matters

Amazon reported that in 2024, 99% of suspected infringements were stopped proactively before brands had to report them. That does not mean every problem disappears on its own, but it does mean Amazon’s formal reporting tools can be effective when your claim is specific and well documented.

Here are a few reasons this matters:

• Amazon already has active enforcement systems in place, so you are not starting from zero.
• A well-prepared report can move faster, especially when you include your registration details, ASINs, screenshots, and a short explanation of the issue.
• Clear evidence improves your chances of success because vague or incomplete complaints are harder to act on.
• Proactive enforcement does not replace brand monitoring, since some infringing listings may still go live or reappear later.
• Formal reporting gives you a documented record, which can help if the issue continues or needs to be escalated.

You can also make the transition smoother by following this sentence with a short checklist, such as:

• Registration number
• ASIN or product URL
• Screenshot of the listing
• Brief explanation of likely customer confusion
• Your business contact details

If you want, I can also revise the Etsy section in the same style so both marketplace sections feel consistent.

Step 6: Report The Infringement On Etsy

Etsy uses a different process.

Etsy says you must be the rights owner or authorized to report on the owner’s behalf. Reports are submitted through Etsy’s Reporting Portal, where you register, add the intellectual property, and then create a report. Etsy also notes that it may request extra documentation, including a letter of authorization or identity verification.

Etsy Reporting Basics

• Register in the Etsy Reporting Portal
• Add the trademark or other IP
• Upload authority documents if you are acting for a company
• Identify the listings by URL or listing ID
• Submit the report and track the status inside the portal

Important Etsy Reality Check

Etsy says it does not make legal determinations about infringement and may reject incomplete, false, or unsupported notices. It also notes that certain trademark reports can be rejected if you do not provide a valid, active, registered trademark.

That means accuracy matters more than volume. One clear report is better than five weak ones.

Step 7: Monitor The Problem So It Does Not Return

A takedown is not always the end.

Some sellers relist. Some change spelling. Some move platforms.

That is why ongoing monitoring matters. Trademark Engine’s monitoring page explains that its service tracks new trademark filings that may affect your registered mark and sends alerts and periodic reports. Trademark Engine also notes it has helped 120,000+ trademark filings since 2016 on its registration pages.

This is a natural place to add internal links in the live post:

• Free trademark search
• Trademark monitoring
• Trademark registration
• Office action response

When You Should Call In Professional Help

You do not need professional help for every issue.

But there are situations where DIY enforcement becomes expensive fast.

Escalate Faster If You See Any Of These

• Counterfeit goods
• Repeat infringers
• Multi-platform misuse
• Cross-border sellers
• Distributor or partner disputes
• Threats of a lawsuit
• A need for injunctions or damages
• A TTAB case with strategic complexity

Also, remember: the USPTO has been increasing its scrutiny of unreliable filings and bad evidence. In August 2025, the agency announced it had terminated more than 52,000 fraudulently filed trademark applications and registrations connected to a sanctioned filing operation. That is another reason to keep your evidence clean and your filings accurate.

Conclusion

If someone is using your trademark, the right response is usually a measured one. Confirm the issue, save the proof, choose the right channel, and escalate only when needed. A smart enforcement plan protects your brand without wasting time or money on the wrong step.

Want a simpler way to protect your brand before small problems become bigger ones? Start with Trademark Engine’s free trademark search or trademark monitoring tools to spot conflicts early and act with more confidence.