I Got a Legal Notice Saying My Brand Infringes Someone Else’s Trademark

March 3, 2026by Legal Help Desk0

Question: “I got a legal notice saying my brand name/logo infringes someone else’s trademark—what should I do first, and what should I absolutely not do?” 

 

Answer  

If you’ve received a trademark infringement notice (cease & desist / legal notice), treat it as formal legal risk-management matteravoid reactive responses, avoid replying emotionally, and do not “fix” things in a way that may prejudice your legal position. Proceed in the order below.  

 

What to do first (the safe first 24–48 hours) 

 

Preserve everything (quietly).

Create a folder and save:

  • the notice + envelope/email headers 
  • your brand assets (logo files, packaging drafts, ads, brochures) 
  • screenshots of your website and social pages as they are now 
  • invoices, quotations, purchase orders, delivery notes 
  • domain purchase record, social handle creation dates, app store listings (if any) 

Why this matters: Early evidence frequently determines whether you have leverage (prior use / honest adoption) or whether exposure risk is higher.  

 

Don’trespond immediately—set a professional holding reply.

A short acknowledgement is fine: “We’ve received the notice, are reviewing, and will respond after taking instructions.”
This preserves professionalism, avoids inadvertent admissions, and secures time for proper assessment. 

 

Identify exactly what they claim.

Notices often mix issues. Separate it into:

  • word mark (name) 
  • logo/device 
  • trade dress (packaging look/feel) 
  • domain/handle 
  • product category/class 

Clarity at this stage prevents over-concession or misdirected responses. 

 

Check if it’s a real right or just intimidation.

You (or counsel) should verify:

  • Is their mark actually registered? Where? For which classes? Is it live/renewed? 
  • Are they claiming common law/unregistered rights based on use? 
  • Is it the same market/territory where you operate? 

Not every notice is backed by enforceable rights. Some are strategic pressure tactics. 

 

What you should absolutely NOT Do 

 

 Do not admit anything.
Avoid lines like “We didn’t know” / “We copied unintentionally” / “We’ll stop” — these can be used against you. 

Even informal acknowledgments can later be relied upon as admissions. 

 

 Do not rebrand or change the logo immediately.
 

Unplanned changes may be construed as acknowledgment of infringement and may also destroy evidence of prior use or honest adoption.
You may pause new marketing expenditure, if necessary, but do not erase historical material. 

 

 Do not ignore it.
Silence can push them to court or takedowns, and you lose the chance to frame the story. 

 

 Do not fire off a long angry reply.
Notices are often designed to provoke a sloppy response. Keep everything lawyerly and minimal. 

 

 Do not contact their client directly (if they’re represented).
It can backfire and becomes evidence of bad faith. 

 

The real decision tree (what counsel will analyse) 

A good response depends on which of these buckets you fall into: 

 

Bucket 1: They have strong rights + you are in the same field/territory 

Goal: limit damage 

  • negotiate a transition period 
  • settle on coexistence terms (if possible) 
  • plan a controlled rebrand (timing, inventory, domains, SEO) 

 

Bucket 2: You have prior use / honest adoption / different market 

Goal: push back and protect your position 

  • reply denying confusion, asserting your evidence of prior use 
  • challenge their overreach (class mismatch, territory mismatch) 
  • consider filing your own application (or rectification/cancellation if appropriate) 

 

Bucket 3: Both have arguable rights 

Goal: reach a commercially intelligent resolution  

  • Negotiate a coexistence agreement (territory/channel limitations) 
  • Implement limited brand modifications (sometimes minor differentiation significantly reduces confusion risk) 
  • Seek a consent arrangement with clearly defined boundaries 

 

Practical immediate containment (without admitting guilt) 

While reviewing, you can: 

  • pause new ad spends using the contested branding (optional but often wise) 
  • keep internal communications tight (“under review”) 
  • check marketplaces/social platforms for takedown vulnerability 
  • ensure your team doesn’t send informal replies 

 

What a strong reply typically includes (structure) 

A well-crafted response usually: 

  1. acknowledges receipt (no admissions) 
  2. asks for specifics (registration details, proof of use, scope) 
  3. sets out your factual position (first use, geography, channels) 
  4. explains why confusion is unlikely (differences, class/market) 
  5. proposes resolution (withdrawal of threats / coexistence / without prejudice discussion) 

 

If You Require Immediate Strategic Input 

To prepare a structured holding response and preliminary strategy memo, the following inputs are typically required: 

  • Jurisdiction(s) involved 
  • Your first-use date + evidence type 
  • Opposing mark details (registration number, classes) 
  • Scope of your use (products/services + channels) 

 

ADDITION FOR WEBSITE PUBLICATION 

Key Takeaway 

Receiving a trademark infringement notice does not automatically mean infringement has occurred. It means a right is being asserted. The outcome depends on priority, similarity assessment, market overlap, jurisdiction, and evidentiary strength. 

The first 48 hours are strategically significant. 

What you preserve, what you communicate, and whether you escalate or negotiate can materially influence liability exposure and commercial continuity. 

 

UAE & GCC Considerations 

In jurisdictions such as the UAE and Saudi Arabia, trademark systems are primarily registration-based. However, prior use, well-known mark protection, and unfair competition principles may influence disputes. 

 

Immediate legal review is particularly important where: 

  • The claimant is a multinational or well-known brand
  • Customsrecordalsmay be activated 
  • Marketplace takedowns are anticipated
  • The business is undergoing investment, licensing, or expansion

Premature admissions or reactive rebranding can significantly weaken negotiating leverage in the GCC context. 

 

How ATB Legal Assists 

ATB Legal supports clients with: 

  • Immediate infringement risk assessment
  • Evidence and priority analysis
  • Drafting structured, non-admission responses
  • Negotiating coexistence or settlement agreements
  • Filing defensive trademark applications
  • Initiatingopposition, cancellation, or rectification proceedings 

 

Our approach is strategic rather than reactive, aimed at protecting both legal position and long-term brand value. 

Disclaimer

This article is intended for general informational purposes and does not constitute legal advice. The opinions expressed in this blog are those of the respective authors. ATB Legal does not endorse these opinions. While we make every effort to ensure the factual accuracy of the information provided in our blogs, inaccuracies may occur due to changes in the legislative landscape or human errors. It is important to note that ATB Legal does not assume any responsibility for actions taken based on the information presented in these blogs. We strongly recommend taking professional advice to ensure the best possible solution for your individual circumstances.

About ATB Legal

ATB Legal is a full-service legal consultancy in the UAE providing services in dispute resolution (DIFC Courts, ADGM Courts, mainland litigation management and Arbitrations), corporate and commercial matters, IP, business set up and UAE taxation. We also have a personal law department providing advice on marriage, divorce and wills & estate planning for expats.

Please feel free to reach out to us at office@atblegal.com for a non-obligatory initial consultation.

by Legal Help Desk

The Agony Uncle column is helmed by our seasoned legal consultants with deep expertise in corporate law and compliance, offering practical solutions to complex business legal issues.

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2019-2024 ATB Legal Consultancy FZ LLC, All rights reserved. | Privacy Policy | Disclaimer

Disclaimer

This website provides general information only, may not reflect current law, and should not be acted upon without professional advice.