If your business has received a cease and desist letter or been threatened with a trademark lawsuit, it’s normal to feel alarmed. Many business owners immediately wonder: Did we do something wrong? Are we about to be sued? Do we need to rebrand right away?
A trademark lawsuit threat does not automatically mean litigation is coming, but it does mean you should take the situation seriously and respond strategically.
At Katie Charleston Law, PC, we represent businesses and entrepreneurs nationwide in trademark disputes, cease and desist responses, and trademark infringement defense. We also advise clients locally and across the U.S. on how to protect their brands and reduce legal risk.
Don’t Panic — But Don’t Ignore a Trademark Lawsuit Threat
Most trademark threats arrive as a cease and desist letter from another business or their attorney. Often, these letters are meant to start a conversation or pressure a response—not immediately file a lawsuit.
However, ignoring a trademark infringement claim can backfire. Failure to respond may:
- Increase the likelihood of a trademark lawsuit
- Weaken your negotiating position
- Be used later as evidence of willful infringement
Speaking with a trademark attorney early—before responding—can help protect your business and avoid unnecessary mistakes.
What Is the Other Party Claiming?
Trademark disputes focus on whether consumers are likely to be confused about the source, affiliation, or sponsorship of goods or services.
The other party may allege that your:
- Business name
- Brand name
- Logo
- Slogan
- Product packaging
- Website or marketing materials
are too similar to theirs or dilute the strength of their trademark.
A proper legal review looks beyond aggressive language and evaluates whether the claim actually has legal merit.
Do They Actually Have Enforceable Trademark Rights?
Not every trademark threat is valid or enforceable.
Key factors include:
- Whether the other party owns a federally registered trademark
- How long they have used the mark
- The industries and markets involved
- Geographic scope of use
- Strength and distinctiveness of the mark
Many cease and desist letters overstate rights or rely on weak trademark claims. An experienced trademark lawyer can determine whether the threat is legitimate or primarily a pressure tactic.
Your Options After Receiving a Trademark Threat
1. Attorney Review Before Responding
Before sending any response, having a trademark attorney review the claim helps clarify:
- Your legal exposure
- Potential defenses
- Whether infringement is likely
- Risks of responding incorrectly
2. Strategic Response or Negotiation
Depending on the facts, a response may:
- Dispute the allegations
- Request clarification or proof
- Preserve your rights
- Open the door to negotiation or coexistence
Many trademark disputes are resolved through carefully structured agreements without litigation.
3. Litigation Considerations
If the dispute escalates, a trademark lawsuit may seek:
- Injunctions stopping use of a mark
- Monetary damages
- Disgorgement of profits
- Attorney’s fees (in limited circumstances)
Litigation decisions should always consider cost, timing, and business impact.
Should You Rebrand Immediately?
Rebranding immediately after receiving a trademark threat is not always the right decision.
Rebranding too quickly can:
- Be costly and disruptive
- Undermine valid legal defenses
- Be interpreted as an admission of infringement
Before making changes, it’s critical to assess whether the trademark claim is legally sound and whether alternatives exist.
Strengthening Your Trademark Protection Going Forward
A trademark threat is often a sign that your brand protection strategy needs strengthening. This may include:
- Trademark clearance searches
- Federal trademark registration
- Trademark portfolio strategy
- Ongoing trademark monitoring
Proactive planning reduces the risk of future disputes and costly enforcement actions.
How Katie Charleston Law Can Help
At Katie Charleston Law, PC, we represent clients locally and nationwide in trademark matters, including:
- Responding to cease and desist letters
- Evaluating trademark infringement claims
- Negotiating settlements and coexistence agreements
- Trademark litigation and enforcement
- Long-term brand protection strategy
We provide practical, business-focused legal guidance so you can make informed decisions without unnecessary disruption.
Get Legal Guidance Before You Respond
Being threatened with a trademark lawsuit does not mean your business is in immediate danger—but how you respond matters.
If you’ve received a cease and desist letter or trademark infringement threat, Katie Charleston Law, PC can help you understand your rights, assess your options, and determine the best path forward.
Contact us today to schedule a consultation with an experienced trademark attorney.