How do I respond to a trademark claim?

A guide on how to respond to a trademark claim

If you receive a trademark claim, it is likely in the form of a cease and desist letter saying you are potentially infringing the trademark of someone else and demanding that you stop using the mark. (If helpful, you can read our Trademark Basics guide.) You should treat a cease and desist letter seriously.

What are my options?

There are several ways to respond to a cease and desist letter or email, and these options may each have their own legal ramifications. Among the options are:

1. Respond

(a) If you have a basis for doing so, you may respond to the letter or email and deny infringement; or

(b) You may respond by requesting more specific evidence on why they think you are infringing their mark, including asking their dates of first use, whether they have federally registered the mark, and the geographic areas where the mark has been used. (You can also conduct your own trademark search via www.uspto.gov.)

2. Do Nothing

You can choose to not respond to the letter or email or any follow-up letters and emails. Some trademark cease and desist letters or emails are sent in the hope that those who receive them will be misled or intimidated into stopping or paying for use even though they do not need to do so. However, the decision to not respond shouldn’t be made lightly, because doing nothing carries some risk: if you are later found liable for infringement, the court may determine that you acted recklessly in not responding to the letter and subject you to additional monetary damages.

3. Negotiate

You may negotiate with the trademark owner for a license to use the mark on mutually agreeable terms, or to obtain an agreement that do not infringe the trademark.

4. File Your Own Lawsuit

You may want to explore suing the trademark owner for a "declaratory judgment," a judgment stating that your mark does not infringe their trademark.

Am I being sued or will I be sued?

Receiving a letter, without more, does not mean that you have been sued. Generally, if a federal lawsuit is filed against you, the trademark owner must deliver both a complaint and a summons to you personally or to a registered agent for your business. Because of this service requirement, you will usually know when you have been sued.

Do I need a lawyer?

While you are not required to have a lawyer to respond to a cease and desist letter, a lawyer can help you understand the scope of your trademarks rights and the strengths and weaknesses of the allegations against you. Though it can be expensive, a lawyer may help you navigate the negotiation with your accuser and ultimately save you from additional costly legal problems.

Customer Stories

See how leading enterprise in-house teams have scaled smarter with Legal.io's high-caliber flex talent.

More from Legal.io


Google wins EU case limiting right to be forgotten
Google wins EU case limiting right to be forgotten

The European Court of Justice, the EU's top court, has decided that Google does not have to apply the right to be forgotten outside of EU member states.

Sep 24, 2019
Read More
White House Takes Unprecedented Role in TikTok Sale Negotiations

The White House, led by VP JD Vance, is actively involved in the TikTok sale, an unusual move for such a high governmental level, adding complexity to the deal.

Mar 17, 2025
Read More
Another Web Scraping Dispute Focused on Travel Data
Another Web Scraping Dispute Focused on Travel Data

Jeffrey Neuburger from Proskaur discusses the implications of a data scraping suit that was filed by a major airline against an award travel search site that aggregates fare and award travel data.

Nov 23, 2023
Read More
Let Go From Your Previous Job? Here’s How to Explain the Situation in Future Applications
Let Go From Your Previous Job? Here’s How to Explain the Situation in Future Applications

If you were let go from your last job, you may be struggling with how you’re going to explain this to future employers. But staff being let go is a fairly ordinary event – it’s not going to disqualify you from ever getting a job again. What you need is the right way to frame your situation. Let’s look at some ideas for doing just that.

Jun 12, 2020
Read More
Navigating Through Uncertainty: Leadership Lessons for In-House Legal Professionals
Navigating Through Uncertainty: Leadership Lessons for In-House Legal Professionals

Explore how in-house legal professionals can harness resilience and innovation to lead effectively through uncertainty, transforming legal challenges into opportunities for growth and strategic influence in the corporate world.

Nov 02, 2023
Read More
Ready to hire?

Schedule a free consultation to discuss your hiring needs.

Free 15-min consultation
Legal.io Platform
5 star reviews
Hiring made smarter

Easy-to-use platform for hiring legal talent, managing spend, and optimizing your panel — plus an average savings of 50%.

Need Immediate Help?

Submit a hiring request and let our experts handle the entire process for you.