What Is Trademark Infringement Insurance?

Trademark insurance may defend a claim or help enforce your mark, depending on the marks, products, and territories insured.

Trademark infringement insurance can address two different problems: defending your business when someone alleges infringement, and pursuing someone who infringes your mark. CFC describes both types of cover in its intellectual property product; the sections included in your quote determine which applies.

Defense and Enforcement Answer Different Questions

Your SituationWhat to Ask the Insurer
Another company says your name or logo infringes its rightsDoes the defense section cover this allegation, the relevant product and the territory?
You want to pursue a business using your markIs pursuit or enforcement included, which rights qualify, and what consent is needed before legal spending?
A customer demands protection under your contractDoes the policy address the indemnity you agreed to, or only claims made directly against your business?

CFC lists defense, pursuit and contractual indemnity as distinct features. That is a company product description, rather than a promise that every trademark policy contains each feature.

Prepare a Trademark Quote Request

Give the broker a list of marks, registration status, products, trading territories, licensing agreements and any existing disputes. Ask which marks and activities will appear on the schedule. Check the limit, retention, treatment of legal costs and exclusions before relying on the quote.

Start with the intellectual property insurance guide for the wider coverage question. If the disputed material is creative content rather than a brand identifier, compare the copyright infringement question.

Which Providers Offer Intellectual Property Insurance?

Updated . Check your quote and policy wording to see how this answer applies to your coverage. See the editorial policy or contact Spot with a correction and supporting source.

Get Help With Insurance Buying and Renewals.

Get help buying coverage and managing renewals, with less paperwork for your team. Create your account and submit an insurance request online.

Talk to Spot