Just like in any sport, trademark protection also requires both defense and offense. Whatever slogan, logo, or business title you choose, you need to make sure you are able to protect it. It includes everything – from taking your time to recognize a strong trademark and hiring an attorney for legal protection.
For example, you need to monitor for possible infringements and crackdown on other parties that commit trademark infringement.
Protecting By TM and R
Adding TM or R against your trademark lends credence to other companies and adds solidity to the mark. Make sure you add a TM to your unregistered trademark to add this solidity. You can also get your mark registered by the US Patent to add an R, which is an ideal case.
Cease and Desist
A Cease and Desist letter is sent to the one doing your trademark infringement. It is defensive protection that prevents other businesses from using your business trademark. This letter will require that the party immediately ceases to use the trademark that you believe is an infringement of your business.
Upon ignoring the letter, the party will be liable to face a lawsuit against them. You should know that trademarks come under the umbrella of federal subjects, and cases of infringement are dealt with in the federal court. Most of the states come with their trademark laws. However, you can also file the case in a state court.
You need to have the goal to prevent the use of a similar mark or the same trademark that your business has in the future. This is one of the reasons why you would want to file a lawsuit for trademark infringement. The other major goal will be to prevent the potential damage to the business and its related finances upon trademark infringement taking place.
One of the common ways the infringer makes for your business loss is to give you the profits they earned while misusing your mark. It might get a bit complicated, but it is worth it, considering your business suffers from some major losses.
Hiring an Attorney
If you have a trademark registered by the federal authorities and you are aware of the infringement taken place against your business, you can hire an attorney. The attorney may first want to proceed with the trademark infringement letter and deliver it to the relevant company.
What’s more, the trademark infringement lawyer is also able to request a federal or state court order to ban the business from utilizing the business trademark.
It is a court order that calls for the other party to forfeit or even destroy anything linked with the trademark. What’s more, monetary relief is also provided, given you have evidence for the damages and a court order which makes it necessary for the infringer to pay the fees of your attorney as well.
These are some of the ways through which you can protect your brand from trademark infringement.