When discussing the importance of having a federal trademark registration with a client, I often say it is like insurance for your brand. It’s something that you need to have, but hope that you do not have to use. When someone files a trademark infringement lawsuit, there is a lot at stake because trademarks are vital assets to a business. How you respond to an accusation of trademark infringement is very important. And if you own a trademark, it can also be important that you police infringers so that your mark does not become diluted or generic. If you do not properly handle your trademark infringement matters, you might be forced to re-brand, which is potentially ruinous to a business. Or if your trademark is infringed upon by competitors, then it will become very difficult for you to distinguish yourself from your competitors.
If someone believes that you are infringing upon their mark, you will most likely receive a cease and desist letter from an attorney before a lawsuit is filed against you. At this point it is best to consult with a trademark attorney to determine the best course of action. In many cases, an amicable resolution can be reached between the parties before a trademark infringement lawsuit is filed. And both parties would prefer it this way because of the high cost of litigation.
On the other hand, if you discover that someone is using a mark that is confusingly similar to your own, then you might want to consider speaking with a trademark attorney. If you reach out to the other party on your own, they may not take your letter as seriously as they would had it come from an attorney. But more importantly, if you contact them and it turns out that their trademark rights supersede your own, then you may have just alerted them to that fact that you’re committing trademark infringement. Also, if neither party has a registration, they may file a trademark application to prevent you from registering your trademark. Consulting with a trademark attorney can help you to avoid these issues, and stop the infringement.
Have You Received a Cease and Desist Letter or Become Aware of a Potential Trademark Infringement?
If you would like help with your trademark infringement matter, please feel free to call me at (480) 360-3499, email me at kevin@yourtrademarkattorney.com, or complete the contact form found on this page to schedule your free initial consultation today. I look forward to speaking with you.
