US Trade Mark Infringement
Facing unauthorised use of your trade mark in the US can be daunting, especially if you are based overseas. This is where expert guidance is vital to navigate the complexities and often complex process of trade mark litigation in the US. Having US-registered attorneys as part of the team increases the likelihood of success in case resolution, whether through settlement, negotiation or litigation.
Because we tackle infringement issues head-on, investigating claims and advising on your strongest legal avenues, we look to find a resolution swiftly and cost-effectively.
We assess whether the mark in question causes consumer confusion or dilutes your brand’s value, then recommend solutions that may include cease-and-desist letters or formal litigation.
Our comprehensive support and understanding of the US court systems help you navigate and comply with local rules, minimising risk and disruption. By addressing infringement promptly, you reinforce your brand’s position and deter future misuse.
With Panoramix IP by your side as your intellectual property partner, we ensure your innovations work only for you. Find out how by giving us a call today.
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FAQs
What counts as trade mark infringement in the US?
The core US test is ‘likelihood of confusion’ – whether consumers are likely to be confused about the source of goods or services because of a similar mark. Famous marks also get protection against ‘dilution’. The analysis weighs factors like similarity, relatedness of goods and evidence of actual confusion. We assess whether a US use infringes your mark and what to do about it.
Can I take action in the US if I'm based in the UK?
Yes. If you hold a US federal registration (or have US-based rights), you can enforce against infringers there, and we can act on your behalf – from platform takedowns to cease-and-desist letters and, where needed, proceedings. Holding a USPTO registration makes enforcement significantly stronger, which is a good reason to register if you sell into the US.
How do I stop counterfeits or copycats on US online marketplaces?
A US federal trade mark unlocks brand-protection tools on major platforms (such as Amazon Brand Registry) and can support recordal with US Customs to intercept counterfeits at the border. We help you register, enrol in these programmes, and run takedowns and enforcement against persistent infringers.
What remedies are available for US trade mark infringement?
US courts can order injunctions, award the infringer’s profits and your damages (sometimes enhanced), and in exceptional cases attorneys’ fees; counterfeiting can attract statutory damages. Many disputes settle before trial. We weigh the commercial options and pursue the most effective route for your situation.