21 October 2026
Before responding to a trademark infringement notice, check this
Receiving an infringement notice can be scary, but not all demands carry the same weight. Three key checks before reacting.
Receiving a letter or email stating that your trademark infringes another company's rights can be scary. But not all demands carry the same weight, and reacting incorrectly can end up costing you more than the original problem.
Before responding to anything, here are three things to check:
1️⃣ Is the alleged infringing trademark actually registered, and in what classes? Sometimes the claim is based on an expired, non-renewed trademark, or one registered in a category completely unrelated to yours.
2️⃣ When was each registered? The priority date matters: if your trademark is older, the position of strength might be the complete opposite of what they are suggesting.
3️⃣ What exactly are they asking for? A demand asking you to stop using the name is not the same as one claiming compensation, or one simply seeking to open negotiations.
What I never recommend: neither ignoring it, nor impulsively responding on the same day you receive it.
Have you ever received such a demand, or do you know someone who has?