How do I know if my trademark is being infringed?

If customers confuse another brand for yours, or you see unauthorized use of your mark, logo, or name online, it’s likely infringement. A lawyer can verify and collect proof.

Can I sue without a registered trademark?

Yes. Under Texas common law, prior use can create enforceable rights even without federal registration.

How much does a trademark infringement case cost in Texas?

Costs vary depending on complexity. Many disputes resolve through demand letters or negotiated settlements before litigation.

What evidence do I need to prove infringement?

Examples of customer confusion, sales loss, screenshots, and unauthorized use of your mark are strong evidence.

Can I stop someone from using my name online?

Yes. Through DMCA takedowns, platform reports, or court injunctions, a trademark attorney can help remove infringing content.

Trademark Infringement Lawyer in Houston, Texas

A trademark infringement lawyer helps businesses protect their brand by stopping unauthorized use of trademarks, filing legal actions, defending infringement claims, and enforcing intellectual property rights under Texas and federal law.

TL;DR — Quick Summary

Stop unauthorized use of your trademark
File or defend infringement lawsuits
Send cease-and-desist notices
Protect your brand identity
Enforce Texas and federal IP rights

What Is Trademark Infringement in Texas?

Trademark infringement occurs when another business or individual uses a mark that is confusingly similar to yours, thereby creating a likelihood of consumer confusion.
In Texas, infringement can arise under state common law, the Texas Business & Commerce Code, and the federal Lanham Act.

Essentially, if someone’s use of a mark weakens your brand, misleads buyers, or damages your reputation, it’s infringement.

Signs Your Trademark Is Being Infringed

You may be facing trademark infringement if you notice:

A competitor using a similar name, logo, or slogan
Customer confusion between your products or services
Counterfeit or fake products appearing online
Someone registering your mark locally or using it on social media
Unauthorized ads or listings using your brand on Amazon, Instagram, or Google

Even small misuses can cause long-term harm to your goodwill.

How a Trademark Infringement Lawyer Helps You

Our Houston trademark attorneys act quickly to stop violations, protect evidence, and preserve your rights. Here’s how:

Cease-and-Desist Notice

The first step is a formal demand letter notifying the infringer to stop using your mark. A well-drafted notice often ends the dispute without litigation.

Enforcement Strategy

We assess your brand assets, registration status, and business impact to design an enforcement plan that fits your goals — from negotiation to full litigation.

Filing an Infringement Lawsuit (Federal & State)

If voluntary compliance fails, we file in the U.S. District Court or Texas state court under the Lanham Act and Texas common law to seek injunctions, damages, and attorneys’ fees.

Defending Against Claims

If your business has been accused of infringement, we provide aggressive defense, proving differences in marks, market use, or fair-use exceptions.

Negotiation & Settlement

Many cases resolve through settlements, licensing, or coexistence agreements, preserving your market presence without prolonged litigation.

Learn more about our Houston trademark lawyers.

Common Trademark Disputes We Handle

✅ Amazon & eCommerce Listings
✅ Social Media Brand Misuse
✅ Counterfeit Goods and Imports
✅ Domain Name & Cybersquatting Disputes
✅ Local Business Name Confusion

From Houston startups to established retailers, we help clients protect brand assets in every digital and local marketplace.

Trademark Infringement Under Texas Law

Trademark protection in Texas derives from three key sources:

Texas Business and Commerce Code §16.29: Protects businesses from mark dilution and unfair competition.
Texas Common Law: Offers protection through prior use, even without registration.
Federal Lanham Act (15 U.S.C. §1114, §1125): The primary statute governing infringement, false designation, and unfair competition.

Texas courts consider similarity of marks, relatedness of goods, and evidence of confusion when ruling on infringement cases.

Houston Businesses Most at Risk

Houston’s competitive market means some industries are especially vulnerable:

Startups & new ventures
Retail & eCommerce sellers
Beauty, fashion, and skincare brands
Restaurants & hospitality groups
Tech & SaaS companies

We’ve represented businesses across Uptown, Midtown, Sugar Land, Katy, The Galleria, and Downtown Houston, helping them protect their brand identity from copycats.

When You Should Call a Trademark Lawyer

Reach out early if:

You’re launching a new brand or logo
You’ve received a warning or cease-and-desist letter
A competitor is copying your name or visuals
Your brand reputation or customer trust is at risk

Quick action often prevents larger financial and reputational damage.

Speak With a Houston Trademark Infringement Lawyer Today

Protect your brand before it’s too late.

Book a confidential consultation with The Spencer Law Firm today; your Houston trademark rights deserve experienced defense.

📞 Get Legal Help Now (713)-961-7770

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Disclaimer: This content is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship.