What To Do When You Spot An Infringement Of A Trademark
It takes a lot of hard work to have an idea and build a brand around it, and the necessary steps must be taken in order to protect this brand and idea and to ensure that no one will be profiting off of your hard work. This is important to do, as you want to make sure only you will be making money from something that you thought of and created, and protecting a brand is therefore important to many businesses. However, you may well encounter an infringement of a trademark along the way, and you will need to take the necessary steps to protect your brand. Many people often will not know what to do when it comes to this type of situation and will attempt to dive straight into a lawsuit. However, there are other ways to handle an infringement of a trademark without having to go through the lengthy and costly process of a lawsuit.
Here is what to do when you spot an infringement of a trademark.
Determine that there is an actual infringement of a trademark
While it may be infuriating to see someone else profiting off of an infringement of a trademark, and you may be tempted to jump straight into legal action, it is very important to first and foremost check that this is actually occurring. This situation is occurring if the consumers will be confused as to the dual use of the brand, and whether or not this brand is being used on competing goods. You must also look at the location. If the offending entity is within proximity to your company, then it is a viable situation, however, if it is very far away then there is no reason to pursue legal action. If your business is well known across the country then it is a different situation of course, but common sense should be exercised.
Taking action on an infringement of a trademark usually involves sending a cease and desist letter at first. This should be enough to deter any offending entity, and an experienced solicitor should be the one to write one up and send it in order to keep a professional image and to send a clear message. If the offending entity continues to perpetuate an infringement of a trademark, then you can file a lawsuit to take them to court. The court can make the offending entity pay you a sum of money for using your brand. If you are the holder of a brand, you can also challenge someone elses domain name that is similar to yours. You can also solve these issues through dispute resolution, which is a much less costly and lengthy process.
Make sure you use your brand
Using your brand is a good way to keep it from becoming an infringement of trademark, as the more you use it the less likely it will become a target. Furthermore, you will keep federal protections on your brand if you continue to use it, however you will lose it if you do not use it. It is therefore important to use it, to spread awareness of the brand and to prevent an infringement of a trademark.
In summary, an infringement of a trademark can be taken care of through a number of different steps. These steps include ensuring that an infringement of trademark has actually taken place, then sending a cease or desist letter and then a lawsuit if the offending entity does not comply. You can prevent an infringement of trademark through the use of your brand consistently.