Trademark Enforcement
Professional Trademark Enforcement Services: Enforcing Your Trademark Rights
Defend Your Trademark Or You Could Lose It
Trademark infringement is the unauthorized use of a trademark in connection with the sale of goods or services. Infringement may occur when someone uses a similar mark to your own without your permission and in a way that is likely to cause confusion among consumers.
If you don’t take action to stop trademark infringement, you could eventually lose your trademark rights. Additionally, if you are found to have knowingly allowed someone to infringe on your trademark, you could be liable for damages.
If you believe that someone is infringing on your trademark, you should contact an experienced intellectual property attorney who can help you assess the situation and take appropriate action.
How are trademarks enforced?
Trademarks are enforced by the USPTO in the United States. Typically, a cease and desist letter is sent to the person or entity that you believe is infringing on your trademark. If that fails, legal recourse can be taken by using a trademark lawyer to sue.
What are the methods of trademark enforcement?
There are several methods of trademark enforcement that can be used in order to protect your trademark and keep others from using it without permission. One method is to send a cease and desist letter. This is a formal letter that tells the person or company that they are infringing on your trademark and demands that they stop using it immediately. If the infringement is not stopped, you may then take legal action.
Another method of enforcement is to file a lawsuit against the infringer. This can be costly and time-consuming, but it may be necessary in order to stop the infringement and protect your rights.
What happens if you don’t enforce your trademark?
If you don’t enforce your trademark rights, you risk losing them. Once a trademark is no longer actively used or enforced, it can become “genericized.” This means that the mark ceases to identify the goods or services of a particular source, and instead becomes a common name for the product or service itself. As a result, the trademark owner loses their exclusive right to use the mark and anyone can use it.
So it’s important to take steps to enforce your trademark rights if you want to keep them strong.
Actively Using a Trademark
The first use of a trademark in commerce is the most important factor in establishing ownership. Use in commerce means that the trademark is being used to identify and distinguish goods or services in the marketplace. This can be done through labeling, packaging, or advertising.
Use in advertising:
Advertising is a great way to use a trademark in commerce. When a company uses a trademarked term or logo in its advertising, it is reinforcing the connection between the two in the minds of consumers. This strengthens the company’s hold on the mark.
Use on the internet:
The internet has become an increasingly important platform for businesses to promote their goods and services. Using a trademarked term or logo on a website, social media page, or email campaign can help build consumer recognition and loyalty.
Benefits of Trademark Protection Services
Enforcing your trademark rights can help you to maintain control over how your brand is used and ensure that only quality products or services are associated with it. This can help you to build consumer trust and loyalty, as well as to prevent others from unfairly benefiting from your hard work in developing a strong brand identity.
Trademark protection can provide many benefits to a business, including:
• The ability to prevent others from using your mark without permission;
• The ability to stop others from using a similar mark that could cause confusion; and
• The ability to use your registered trademark as a valuable asset.
What are the different trademark enforcement strategies?
Sending A Cease-and-Desist Letter
A cease-and-desist letter is a formal demand that someone stop doing something that is infringing on your trademark.
When to use it:
You should send a cease and desist letter when you have reason to believe that someone is using your trademark without permission. This could be in connection with goods, services, or both.
How to write it:
There are a few key elements that should be included in a cease and desist letter. First, you will want to identify yourself and your trademark. You will then want to state the specific ways in which you believe the person is infringing on your rights. Finally, you will want to demand that they stop the infringing activity and let them know what legal action you may take if they do not comply.
DMCA Take-Down Notices
The DMCA takedown notice is a legal request that asks a website or internet service provider to remove allegedly infringing material.
How it works:
A copyright holder (or their authorized agent) sends a notice to the service provider, asking them to remove the infringing material. The service provider then removes the material and notifies the user who posted it. If the user believes their content was removed in error, they can send a counter-notice to the service provider. The service provider will then put the material back up unless they receive a court order from the copyright holder ordering them to take it down again.
Advantages:
The DMCA take-down notice is an efficient way for copyright holders to have the infringing material removed from websites and other internet services without having to go through court proceedings.
Disadvantages:
There is potential for abuse, as anyone can send a DMCA take-down notice without having to prove that they own the copyright or that the use of their copyrighted work is actually infringing. Additionally, counter-notices can be used by users who believe their content was wrongly taken down, but this may require them to disclose their identity and contact information which could lead to further legal action being taken against them by the copyright holder.
Hire A Trademark Enforcement Attorney
Hiring an experienced trademark lawyer can save a lot of headaches if you’re not getting a response from the infringing party. An IP lawyer can also help you to determine the extent of the damages that have been done to your mark.
What is a cease and desist letter?
A cease and desist letter is a formal demand that an individual or business immediately stop engaging in illegal activity or infringing upon another’s rights.
The purpose of a cease and desist letter is to stop the recipient from engaging in the specified activity. The letter also serves as formal notice that the sender may take legal action if the recipient does not comply.
How to Write a Cease and Desist Letter
When writing a cease and desist letter, it is important to be clear and concise. The letter should state the specific activities that are being stopped, as well as any legal consequences that may result from continued infringement. It is also important to include contact information for both parties so that further communication can take place if necessary.
What to include in a cease and desist letter
When you send a cease and desist letter, you should include the following information:
• Your contact information: This should include your name, address, phone number, and email address.
• The infringing party’s contact information: This should include the name of the person or company who is infringing on your trademark, their address, phone number, and email address.
• A description of the infringement: You should describe how the other party is infringing on your trademark rights. Be as specific as possible.
• A demand that the infringement stop: You should demand that the other party immediately stop all infringing activity.
• A threat of legal action: You should explain that you will take legal action if the infringement does not stop.
What happens after I send a cease and desist letter?
After you send a cease and desist letter, the recipient has a few options. They can ignore the letter, which is not advisable. If they choose to respond, they can either agree to your demands or disagree with them.
If the recipient agrees to your demands, they will typically sign an agreement stating that they will stop using the infringing trademark. This agreement is typically called a ‘covenant not to sue’. Once this agreement is in place, you can take legal action if they violate the terms of the agreement.
If the recipient disagrees with your demands, they may decide to file a lawsuit against you. This is usually not in their best interest, as it can be costly and time-consuming. However, it is always a possibility.
Do You Need Help With Trademark Enforcement?
Lapin Law Firm is experienced in all aspects of trademark law. Call for a completely free consultation and let us explain how we can help you navigate the complicated intricacies of trademark enforcement and protection.
What Is Dilution Of Famous Marks?
Dilution of a famous mark is when the use of a mark by someone other than the owner of the mark weakens the distinctive quality of the mark.
How it works:
Dilution can happen through blurring or tarnishment. Blurring happens when a mark becomes less unique because it is used on products that are not related to each other. Tarnishment happens when a mark is used in an unwholesome way or in connection with inferior goods.
Examples:
Some examples of dilution include using a well-known company name on knock-off products or using a celebrity’s name to sell products that are not endorsed by the celebrity.
What Is Failure to Police a Mark?
When a trademark owner fails to police their mark, it can lead to the mark becoming “genericized.” This happens when the public starts using the mark to refer to the product or service, rather than just the brand. For example, “Band-Aid” is now used as a generic term for adhesive bandages, even though it is a registered trademark of Johnson & Johnson.
If a trademark becomes genericized, the owner may lose their exclusive right to use it. This means that other companies could start using the mark without having to pay any licensing fees. In addition, genericization can damage the goodwill and reputation of a brand.
To avoid having your trademark become genericized, you need to police its use and make sure that people are using it correctly (i.e., as a brand name and not as a general term for the product or service). You can do this by sending cease-and-desist letters to companies or individuals who are misusing your mark, and by running ads or campaigns that educate people on how to correctly use your trademark.
What are the best ways to monitor for trademark infringement?
In order to protect against trademark infringement, you must find out if the site is infringing on your brand’s rights. There are three possible solutions for monitoring trademark infringement:
– Use a trademark search engine
– Get yourself a lawyer
– Use an anti-counterfeiting company
Why are trademark monitoring services important?
- Helps you to protect your brand and reputation: By monitoring for unauthorized use of your trademark, you can take action to stop others from using it in a way that could damage your brand or reputation.
- Helps you to detect infringement early: The sooner you detect trademark infringement, the easier it is to stop and the less damage it is likely to cause.
- Helps you to avoid costly legal disputes: If you do not take action against unauthorized use of your trademark, you may lose the right to do so in the future. This could lead to costly legal disputes which could have been avoided if the infringement had been stopped at an early stage.
- Helps you to maintain a strong trademark: A strong trademark is one that is used consistently and effectively protected from unauthorized use. Monitoring for unauthorized use of your trademark helps you to do this.
Examples:
- Coca-Cola regularly monitors for unauthorized use of its trademarks around the world
- Nike has a team of lawyers who monitor online auction sites for listings selling counterfeit Nike products
- Apple uses automated tools to scan websites for infringing content such as counterfeit goods or pirated software
What Is Trademark Infringement?
When another person uses a device in such a way as to deceive consumers into thinking that the goods or services are associated with, or sponsored by, your business, an infringement has occurred under trademark law. Only where the goods of the parties aren’t so similar that customers may be confused should multiple parties use the same mark. Common law trademarks can only protect marks in areas where the same or similar logos are not used. Because federally registered trademarks have a national scope, they are protected throughout the United States.
What Happens If Your Company Loses The Trademark?
An owner of an abandoned trademark loses their rights in the mark. If they have a registration, the registration is subject to cancellation. The consequences of a discontinued brand are as follows:
- The mark becomes available for anyone to use;
- The registration becomes subject to cancellation; and/or
- Any company infringing on the trademark may be permitted to continue to use it.
An abandoned trademark can be subject to cancellation through a Trademark Trials and Appeals Board (TTAB) proceeding where the adverse party will be required to prove abandonment and the trademark owner will be given an opportunity to show that the mark was not abandoned.