Trademark infringement occurs when a business or individual knowingly or unknowing uses the registered marks of another business or individual. Trademarks are used to create a unique brand identity for a business, service, non-profit, or other business entity.
Trademark litigation can be an exhaustive process for everyone involved. If your trademark has been infringed upon, you must not only prove the other party’s mark is too similar, but also prove how the infringement took place. This is called the discovery process.
In many cases, the other party simply did not conduct a thorough trademark search before using your mark or failed to register the mark to provide you with the chance to oppose it.
Trademark infringement should not be taken lightly. Trademarks help create brand awareness for goods and services, help distinguish businesses from one another, and are legally the property of the person or business that registered it.
Avoiding Trademark Infringement
The best way to avoid trademark infringement is by conducting a thorough local, state, and federal search through the U.S. Patent and Trademark database, state trademark databases, and by searching online for similar marks already in use, regardless if these marks are registered with the USPTO.
Filing for Trademark Infringement
Filing a trademark infringement complaint may be necessary to stop a business or individual from continuing to use a trademark similar to your own. In some cases, a letter informing the party they have infringed on your trademark may be enough to persuade them to remove the mark from all marketing and business materials.
If not, you may need to build a case and go to trial or a settlement hearing. In cases like these, having a knowledgeable and capable trademark lawyer on your side can make the trademark litigation process less stressful and complicated.
Meet with Trademark Attorneys at Lexero Law Firm
Meet with an attorney from the Lexero Law Firm today to discuss legal options if involved in a trademark dispute. Learn how to protect your trademark from future use or determine the best strategy if facing litigation for using another party’s trademark.