Trademark Enforcement Attorney
Is This for You?
A trademark registration is not self-enforcing.
Without active monitoring and enforcement, competitors and copycats can erode the distinctiveness that makes your registration worth having.
YOUR REGISTERED TRADEMARK IS BEING USED WITHOUT LICENSE
- Every unauthorized use of your mark in commerce is a potential enforcement event.
- Infringing uses that go unanswered can establish grounds for a genericness or abandonment challenge.
- A trademark enforcement attorney assesses each use and determines whether a cease-and-desist, a TTAB proceeding, or a platform takedown is the appropriate response.
- Acting on infringement consistently is what keeps the registration enforceable.
YOU HAVE NO SYSTEM FOR MONITORING YOUR MARK
- New trademark applications that conflict with your mark are published weekly by the USPTO. Without a monitoring service, a conflicting application can register and gain priority before you notice.
- Professional monitoring covers new trademark filings, domain registrations, and social media account activity.
- An enforcement attorney reviews flagged conflicts and determines which ones require a response.
YOUR LICENSEES ARE USING YOUR MARK WITHOUT QUALITY CONTROLS
- A trademark license that lacks adequate quality control provisions can be challenged as a naked license, which can invalidate the trademark entirely.
- Courts have cancelled registrations on this ground even when the mark was properly registered and in commercial use.
- An enforcement attorney reviews your licensing arrangements and builds in the quality control terms that protect the registration's validity.
YOU ARE EXPANDING INTO NEW MARKETS OR JURISDICTIONS
- Trademark rights are territorial.
- Expanding into Canada without a CIPO registration leaves the Canadian market open for a local registrant to file on your brand first.
- An enforcement attorney registers your mark in new jurisdictions before the expansion begins, not after a conflict surfaces.
- Early filing establishes the priority date that determines who has the prior right in each territory.
Trademark enforcement is not a one-time event.It is an ongoing legal obligation that starts the day your registration issues.
What Enforcement Looks Like
Trademark monitoring and brand watch
I set up professional monitoring on your registered marks covering new trademark applications, domain registrations, and social media activity. Conflicts are flagged as they arise. Catching an infringing use before it builds brand equity in your market is faster and less costly than confronting an established infringer.
Cease-and-desist, drafted and sent
When monitoring or your own discovery reveals an infringement, I assess the legal position and draft the cease-and-desist. The letter is written with the precision required for legal effect: identification of your rights, description of the infringing use, and the specific demand and deadline.
Opposition, cancellation, and litigation
When a cease-and-desist does not resolve the dispute, I escalate through the appropriate channel. For pending applications: an opposition at the [TTAB](https://www.uspto.gov/trademarks/trademark-trial-and-appeal-board-ttab). For registered marks: a cancellation proceeding. For willful or commercial-scale infringement: federal litigation under the Lanham Act.
Licensing compliance and quality control
I review your trademark licensing agreements for quality control provisions that preserve the registration's validity. I monitor licensee compliance and enforce the terms when licensees deviate from agreed standards. Proper licensing structure is what keeps a registered mark from being challenged as abandoned through naked licensing.
Enforcement in Both Countries
A US trademark registration does not extend enforcement rights to Canada, and a Canadian registration does not cover the US. I hold bar admissions in California, Ontario, and Quebec, which means I monitor for infringement, send cease-and-desist letters, and pursue TTAB and court remedies in both countries from the same office. For brands with cross-border operations, centralized enforcement is the only kind that works.
California
State Bar of California
No. 337953
Ontario
Law Society of Ontario
No. 76573L
Québec
Barreau du Québec
No. 333681-6
Working With Me
Book a Strategy Call
We review your brand and identify what needs protection, in what order.
Clearance and Filing Plan
I search for conflicts and build your trademark strategy across the jurisdictions that matter.
Filed, Tracked, Protected
Your application is filed and monitored. You get updates at every milestone.
Common Questions
What is trademark enforcement, and why does it matter?
Trademark enforcement is the legal process of protecting your trademark rights against unauthorized use. Registration gives you the legal standing to act. Enforcement is what you do with that standing. A trademark that goes unenforced can be weakened through genericness or abandonment. Consistent enforcement is also required to maintain the validity of trademark licenses and preserve the mark's distinctiveness in the market.
Book a free discovery callHow does brand monitoring work?
A professional monitoring program watches for new trademark applications at the USPTO and CIPO that are confusingly similar to your registered marks, domain registrations using your brand name, and social media accounts and marketplace listings using your mark. Monitoring is run on a scheduled basis — usually weekly for trademark filings. When a conflict is flagged, the enforcement attorney determines whether a response is required.
Book a free discovery callWhen should I send a cease-and-desist letter?
Send a cease-and-desist when you have identified a clear infringing use, confirmed that your trademark rights cover the territory and goods or services involved, and documented the infringement with timestamps and screenshots. The sequence matters: a cease-and-desist sent without a solid legal foundation can expose you to a declaratory judgment action. The right timing is after a legal assessment, not immediately after you discover the use.
Book a free discovery callWhat happens if the infringer ignores my cease-and-desist?
Non-compliance opens the path to escalation. If the infringer has a pending application, an opposition at the TTAB may be available. If they have a registered mark, a cancellation proceeding applies. If neither applies, a federal lawsuit under the Lanham Act seeking injunctive relief and damages is the next step. Most infringers settle when they understand the cost of non-compliance.
Book a free discovery callWhat is naked licensing, and how does it threaten my trademark?
Naked licensing occurs when a trademark owner licenses the mark to another party without maintaining adequate quality control over how the mark is used. Courts have cancelled trademarks on this basis even when the mark was properly registered and in commercial use. The risk arises when licensing agreements lack quality control provisions or when those provisions exist on paper but are not enforced. An enforcement attorney structures licenses to prevent this outcome.
Book a free discovery callCan I enforce my trademark in both the US and Canada?
Yes. Enforcement is territorial, which means you need rights in each jurisdiction to take action in that jurisdiction. I hold bar admissions in California, Ontario, and Quebec, which means I handle enforcement actions on both sides of the border. A cease-and-desist covering the US requires a US registration. One covering Canada requires a CIPO registration.
Book a free discovery callWhat is a TTAB opposition, and when should I file one?
A TTAB opposition is a formal challenge to a trademark application during its 30-day publication window. If you discover a pending application that is confusingly similar to your mark, you have 30 days from the publication date to file an opposition or request an extension of time. Missing the window shifts the remedy to a more costly cancellation proceeding after registration issues.
Book a free discovery callHow do platform trademark complaints work?
Major platforms — Amazon, eBay, YouTube, Instagram, TikTok, Shopify — have trademark complaint portals that allow rights holders to report infringing listings, accounts, and content. Filing a complaint requires a valid trademark registration and documentation of the infringing use. Removals typically happen within days when the complaint is properly filed. For repeat infringers who refile after removal, a cease-and-desist combined with ongoing monitoring is the standard response.
Book a free discovery callWhat is UDRP arbitration for domain disputes?
The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is the standard mechanism for recovering domain names registered in bad faith using a trademark. A UDRP proceeding filed with WIPO or FORUM can result in the domain being transferred to the trademark owner, typically within 60 days. It is faster and less expensive than a federal cybersquatting lawsuit.
Book a free discovery callHow much does trademark enforcement cost?
Cost depends on the tool required. A cease-and-desist letter typically runs $500 to $1,500 for drafting and negotiation. A TTAB opposition or cancellation runs $3,000 to $10,000 depending on complexity. Platform complaints are a flat cost. Federal litigation is the most expensive option. The right enforcement strategy starts with the least costly tool and escalates only when necessary.
Book a free discovery call