Introduction
You have invested time, money and energy in building your brand. Then one day, you discover that a competitor is using a logo similar, or even identical, to yours. This situation, unfortunately common, is called trademark infringement. In Belgium and in Europe, you have effective legal means to stop the infringement and obtain redress.
This guide explains, step by step, how to react to trademark infringement.
Identifying the infringement
What is trademark infringement?
Trademark infringement consists of using a sign identical or similar to a registered trademark, without the holder's authorisation. The sign must cover identical or similar goods or services and create a likelihood of confusion in the mind of the public.
The conditions of infringement
For there to be infringement, three elements must be present:
- Your trademark must be registered: an unregistered trademark enjoys more limited protection (unfair competition)
- The sign used must be identical or similar: the assessment is made globally (visual, phonetic, conceptual)
- The goods or services must be identical or similar: except for trademarks with a reputation
Types of infringement
- Identical infringement: exact reproduction of the trademark for identical goods
- Imitation: a similar sign creating a likelihood of confusion
- Free-riding: exploiting the reputation of a well-known trademark
Gathering evidence
Why evidence matters
For infringement, the burden of proof rests on the trademark holder. Without solid evidence, your action will be bound to fail.
How to collect evidence
Online evidence:
- Time-stamped screenshots (use the Wayback Machine or a digital bailiff's report)
- Downloads of the web pages concerned
- Saved copies of social media posts
- History of changes to the infringer's website
Physical evidence:
- Purchase of the infringing product (keep the receipt and the packaging)
- Photos of the points of sale
- Brochures, catalogues, packaging
Bailiff's report:
- A bailiff's report has greater evidential weight
- It fixes the evidence at a certain date
- Its cost depends on the scope of the findings: ask the bailiff's office for a quote
Seizure for infringement (saisie-contrefaçon)
For serious cases, you can request a seizure for infringement (articles 1369bis/1 to 1369bis/10 of the Judicial Code). The application is made to the president of the Commercial Court (tribunal de l'entreprise). A bailiff then visits the infringer to:
- Describe the infringing products
- Seize samples
- Take copies of accounting documents
Formal notice
First step: the formal notice letter
Before starting court proceedings, it is recommended to send a formal notice to the infringer. This step often resolves the dispute quickly and at lower cost.
Content of the formal notice
The letter must contain:
- The precise identification of your trademark (registration number, date, classes)
- The description of the acts of infringement found
- The evidence attached
- The demand for immediate cessation
- A deadline for a reply (generally 8 to 15 days)
- A statement that court proceedings will follow if there is no reply
What to expect from it
A precise and documented formal notice is sometimes enough to stop the use without a trial. Nothing ensures it: each case is assessed separately.
Court proceedings
If the formal notice fails
When the infringer refuses to stop its activities, several court routes are open to you:
1. Cease-and-desist action (the fastest)
The cease-and-desist action is brought before the president of the Commercial Court (art. XVII.14 of the Code of Economic Law (CDE)). It seeks a prohibition on continuing the acts of infringement.
Advantage: accelerated procedure, without having to prove a loss
Disadvantage: no damages
2. Action on the merits (for damages)
If you wish to obtain compensation for your loss, you must bring an action on the merits. It takes markedly longer than the cease-and-desist action.
Heads of loss to examine:
- Lost profits
- Damage to brand image
- Profits made by the infringer
3. Urgent procedure (summary proceedings)
In the event of proven urgency, the judge in summary proceedings may order provisional measures, where appropriate subject to a periodic penalty payment.
Conditions: urgency and a prima facie right
Possible sanctions
- Cessation subject to a periodic penalty payment: a sum due for each breach, set by the court
- Destruction of the infringing products
- Publication of the judgment at the infringer's expense
- Damages: calculated on the basis of the loss or of the infringer's profits
Conclusion
Faced with trademark infringement, you must react quickly. The longer you wait, the greater the loss and the greater the risk that the evidence disappears.
The steps to remember:
- Check that your trademark is indeed registered
- Build a solid file of evidence
- Send a documented formal notice
- If necessary, start court proceedings
A lawyer active in intellectual property helps you choose the most useful route in the light of the evidence gathered.
Need help protecting your trademark?
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Translated from the French original published on 26 January 2026. The analysis concerns Belgian and European Union law. Read the French original.