Trademark infringement may occur when another business uses a name, logo or slogan that resembles yours and operates in a related market. This overlap can confuse customers and dilute your brand.
Signs your trademark might be at risk
You may notice signs that point to confusion between your brand and another:
- Customers, vendors or callers contact you when they meant to reach someone else
- Online searches show results that mix your brand with another
- Social media posts or reviews link your business to a different company
- Your business receives complaints about products or services you don’t offer
These signs do not establish infringement, but they may show confusion that deserves further review.
How similarity and market overlap affect infringement
When it comes to trademarks, infringement doesn’t require identical marks. Courts look at whether marks are similar in sound, appearance or meaning or could create confusion among customers. They also consider whether businesses serve the same customers or operate in related industries.
In Kentucky, trademark protection generally tracks federal law under the Lanham Act, which the U.S. Patent and Trademark Office follows. You can also register a mark with the Kentucky Secretary of State. State registration doesn’t replace federal protection but may offer added benefits within the state.
Similarity alone isn’t enough to prove infringment. Other issue like how and where the marks appear in commerce and whether use of the mark is likely to cause confusion among consumers.
What to do if you notice these signs
If you notice signs of trademark misuse, you may want to take these steps:
- Keep records of confusion, including screenshots and written complaints
- Search the USPTO and Kentucky trademark databases for similar marks
- Avoid contacting the other party directly
- Request a legal review to understand your position and explore available options
Taking action early may help reduce confusion and protect your brand’s identity.
Protect what you’ve built
Your business reflects years of planning, sacrifice and hard work. When someone misuses your brand, they’re taking advantage of everything you’ve built. If you notice signs of infringement, consider speaking with one of our intellectual property lawyers, Laura Hagan and Lucas Wetton, who can help you protect your name, your reputation and your future.