What Steps you Should Take in Case of Trademark Infringement?

 A trademark infringement refers to the violation of your rights, including logo, names, products, services, etc. There is no requirement that you must register your mark federally with the USPTO office; doing so has many advantages, including providing notice to the public of your possession of the mark, an assumption of ownership worldwide, and the right to use the mark in association with the goods or services listed in the registration.

 


What can you do if someone infringes your trademark? Let’s discuss.


Send a Cease-and-Desist Letter

When an unauthorized person uses your trademark, the first step is to file a case against that individual or company. Filing a lawsuit can be a lengthy legal proceeding that will take significant amounts of time and money.

 A more efficient first step is to send what a trademark opposition lawyer calls a cease-and-desist letter. It is basically a demand letter directed to the trademark infringer and simply explaining the violation.

 Whatever your case is, your letter should define that the infringer must stop using your trademark within a short period, normally five business days. In case your letter is ignored by the infringer, you can use it as evidence that you tried to negotiate with the infringer in good faith before filing the case of trademark infringement.

Filing a Trademark Infringement Case

There are many possible claims that you might make in your trademark infringement case.

 Probability of Confusion

Trademarklaw is meant to preserve consumers. Trademark is helpful for consumers to differentiate a brand’s products and services from their competitors. However, under the trademark statute, the court will consider there is confusion between your mark and the infringing mark.

 

When considering whether a confusingly similar mark infringes a trademark, a court will consider the below factors.

  • Whether the trademark is being used on goods and services
  • Whether consumers are confused by the double use of the mark, and
  • Whether the trademark is being used in the same part of the country or is being used on similar goods.

Trademark Dilution and Tarnishment

In addition to claiming there is uncertainty with an infringing mark, you can also insist that the mark is “tarnishing” or “diluting” yours. Under federal laws known as dilution statutes, you may go to court to prevent your trademark from being used by anyone if your mark is famous and other unauthorized brands would negatively affect the mark’s strength.

 Use your Trademark Actively

Before hiring a trademark opposition lawyer and filing the case, you need to use your trademark to prevent others from using it. A business that claims to own a trademark cannot prevent others from using the same or a related trademark unless it is actively practicing the trademark itself.

We are Trademark.Legal, a reputed law firm in California, where our experienced lawyers are specialized in trademark infringement, trademark registration, and USPTO refusals. Our lawyers will listen to your case effectively and give you the best and free legal advice related to your lawsuit. Schedule a free consultation today with our lawyers.

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