Your source-identifying marks, whether they be slogans or logos, can carry a significant amount of value. Consumers rely on your mark as an indication not only of a good or service’s source, but also its quality. Therefore, effective use of a trademark can generate goodwill with the consuming public, giving you distinction and an edge in the marketplace.
Yet, your trademarks can be subjected to infringement and misappropriation. Competitors might try to use them to confuse consumers or water down the trust that you’ve built with your clientele, or those who are looking to make illegal profits off your brand might steal your trademarks for their own use. If left unchecked, this infringement can cause a significant amount of harm to your business.
So, what can you do to protect your business interests? Let’s take a closer look.
What to do if you suspect trademark infringement
First, it’s worth noting that you should register your trademarks as soon as possible, as doing so gives you additional legal protections. Then, once you suspect trademark infringement has occurred, consider doing the following:
- Send a cease-and-desist letter: This formal letter to an infringer commands them to stop their infringing use of your mark. It also clearly informs them of the infringing behavior, thereby putting them on notice as to which action they should stop and what issues could be at play if you end up taking legal action.
- File a complaint: By filing a complaint with the USPTO, you generate a record of the alleged wrongdoing. You can also challenge the infringer if they try to register a mark that’s in violation of the rights tied to your trademarks.
- Take legal action: Legal action may help you accomplish two goals. First, if the infringer fails to abide by the cease-and-desist letter, then a lawsuit could result in a preliminary injunction that prohibits the defendant from ongoing infringing behavior. Second, a successful lawsuit could lead to a permanent injunction and the recovery of compensation for harm that’s been caused to you and your business through the infringement in question.
As you navigate this process, just make sure you’re thorough and aggressive. Taking a relaxed approach could result in irreparable harm being caused to your business.
Is there a way to proactively prevent trademark infringement?
While you can never reduce your risk of infringement to zero, properly monitoring your marks can significantly reduce the chances that they’ll be infringed upon. It also increases the likelihood that you’ll stop infringing behavior before it gets out of hand and causes too much damage. There’s software available to help you police your marks, but you also need to be informed on the state of the market and what your competitors are trying to do to compete. By keeping your finger on the pulse of the market, you’ll hopefully be able to spot infringing behavior more quickly.
Know your trademark rights so that you can adequately protect them
Intellectual property like trademarks can be incredibly valuable to your business. But to maintain and increase their benefits, you have to diligently work to protect them. This requires a lot of foresight and the willingness to take legal action when warranted.
We understand that getting wrapped up in the legal system is less than ideal, but sometimes it’s necessary to protect your business interests. If you’re in that situation now, then carefully think through what it’ll take to succeed and ensure that everything you’ve worked hard for isn’t put at risk.
