If you have a registered trademark and you believe that it, or a too similar version of it, is being used by another business or entity for their own marketing purposes, you may need to take some sort of legal action in order to enforce it is not used. When someone else uses your trademark, it could cost you financially if they are stealing your sales and customers. There is a general process that you can follow to enforce your trademark rights, and it may be beneficial to have the legal advice and guidance of an experienced trademark infringement lawyer. Contact a law firm today to schedule a consultation.
Cease-and-Desist Letter
Sending what is called a cease-and-desist letter to the infringer in order to alert them about the trademark infringement that is taking place and give them the opportunity to change their marketing materials before you take more serious legal action. This is typically the first step in enforcing your trademark rights, and is often enough to set things right because in some cases the offender may have not known about the existence of your trademark. This letter will need to clearly explain the infringement taking place and demand that they stop using your trademark or you may choose to file a lawsuit against them.
Lawsuit
If a lawsuit becomes necessary to stop someone from using your trademark, you will have to prove that you own the rights to the use of the trademark, that the other party used it in a commercial market without your consent, and that their use of it cause a likely confusion for consumers (in the case of a similar trademark). Although having a lawyer isn’t a requirement for filing a lawsuit, it is typically recommended to have the legal assistance of a professional who can represent you in court, file the lawsuit, communicate with the lawyer of the other party on your behalf, and write legal letters.
Hire a Lawyer
Whatever the specific circumstances of your trademark situation, you may find it helpful to have the legal guidance of an experienced business or trademark lawyer who knows the laws and proper steps to take to make sure your trademark is protected. A lawyer can write letters on your behalf, file a lawsuit, and more. Contact a law firm today to schedule a consultation.