what happens if lawyer files infringing trademark

However, if the violator continues to impede on your trademark, then your attorney can file a legal document with a court of appropriate jurisdiction to ask the judge to issue an injunction. An injunction is a court order to the violator. This document orders the violator to stop using the protected trademark or risk penalties.

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What happens if someone sues you for trademark infringement?

May 05, 2021 · A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court. Even when a plaintiff chooses state court, it may be possible for the defendant to …

Does trademark infringement exist when you copy someone else’s trademark?

Once a lawsuit for trademark infringement has been filed against you, you either have to hire an attorney to respond — which is really expensive — or you have to default, in which case the plaintiff gets the damages that they asked for — which is likely to be even more expensive.

What happens if you don’t protect your trademark?

Sep 17, 2018 · In this instance, you want to speak to a lawyer about filing a lawsuit. File a Lawsuit. If the person or entity receives your letter and continues to use your trademark, it’s time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.

How long does it take for a trademark infringement to stop?

What happens when trademark laws are broken?

What happens if you infringe a trademark?

Who is liable for trademark infringement?

How does a court determine if trademark infringement has occurred?

How do you get around trademark infringements?

How do you protect a trademark from infringement?

What is the punishment for trademark infringement?

What must a plaintiff prove in a successful trademark infringement case?

What is Trademark Infringement?

When you start your business, you protect yourself from fraud. You make sure your computers have anti-virus and anti-malware installed to keep from getting hacked.

How You Know Someone is Infringing Upon Your Trademark

If you suspect someone is using your company name or company logo without permission, you have to prove it. A court of law takes many things into consideration when hearing a trademark infringement case.

What You Should Do If Your Trademark Gets Infringed Upon

If you pass the test and can prove confusion, your next step should be contacting a trademark infringement attorney. They specialize in handling cases like yours and will guide you through the legal process.

How You Can Prevent Trademark Infringement

When it comes to prevention, you can ensure no one is infringing upon your trademark by monitoring it. Like not actively using your trademark, you can lose some of the federal protections by not monitoring it.

A New Kind of Law Firm for a Data-Driven World

Your business and its trademark are unique. Don’t let anyone get away with infringing upon your livelihood. If you suspect someone is, you may need help proving it.

What to do if your trademark is infringed?

If your trademark is infringed by a competitor, you might want to file a lawsuit seeking an injunction (a court order requiring that the competitor stop infringing) and/or money damages, and hire a lawyer to do so.

What is a temporary injunction?

This type of relief—termed a preliminary or temporary injunction—typically orders the alleged infringer to stop using the mark in question pending the outcome of the lawsuit.

How to get a preliminary injunction?

To obtain a preliminary injunction, you must convince the court of two basic facts: If the emergency relief is not granted, your business will suffer irreparable injury. Your case is strong enough on its face to make it probable that you'll win if and when a trial eventually takes place. The first fact is easy to show.

How to get an injunction?

Because, as a practical matter, getting slapped with an order of this type puts the alleged infringer in an untenable position from the outset, the party bringing the suit usually reaches a settlement on favorable terms. To obtain a preliminary injunction, you must convince the court of two basic facts: 1 If the emergency relief is not granted, your business will suffer irreparable injury. 2 Your case is strong enough on its face to make it probable that you'll win if and when a trial eventually takes place.

How to protect a trademark?

The most powerful way to protect a trademark is to have it registered at the federal level. You do this through the United States Patent and Trademark Office (the “USPTO”). Federally registered trademarks create a legal presumption. That presumption is that the trademark owner has exclusive rights nationwide.

How do trademarks work?

A trademark is a business’s brand that lets customers know who the source of that good or service is. You create a trademark when you use branding in commerce in connection with that good or service.

What is a trademark?

First, understand what trademarks are. A trademark is a business’s brand that lets customers know who the source of that good or service is. You create a trademark when you use branding in commerce in connection with that good or service. And they exist to prevent confusion in the marketplace.

What is a trademark in business?

A trademark is a business’s brand that lets customers know who the source of that good or service is. You create a trademark when you use branding in commerce in connection with that good or service. And they exist to prevent confusion in the marketplace.

What is a DMCA takedown notice?

When platform tells the alleged violator about the accusation, that’s called a DMCA takedown notice. As the name suggests, the DMCA applies to copyrights and not trademarks. But some platforms have created a process so that trademark infringement can be reported just like copyright infringement.

What are my options to respond to the suit?

Your duty to respond to a complaint is triggered when the plaintiff formally "serves" the complaint on you, along with a "summons," which is a court notice requiring you to appear before the court and respond to the complaint by a certain date.

How do I find a lawyer?

The state bar association where you or your business is located and the various national bar associations have directories of U.S.-licensed attorneys. Look for an attorney who specializes in trademark litigation. For more information on local assistance, please visit the resources webpage.

How do I know whether I'm infringing?

To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark (s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties' marks.

How can I use USPTO records to find out more information about the claimed trademark and who owns it?

You can use the Trademark Electronic Search System (TESS) to search for similar trademarks the USPTO's database of applications and registrations.

How can I challenge a trademark registration or application?

Several options exist to challenge another party's trademark registration or application, depending on the particular circumstances and grounds for challenging:

How to determine if a trademark is infringed?

When considering whether a trademark is being infringed by a confusingly similar mark, a court will consider a variety of factors. These include: 1 whether the trademark is being used on competing goods or services (goods or services compete if the sale of one is likely to affect the sale of the other) 2 whether consumers would likely be confused by the dual use of the trademark, and 3 whether the trademark is being used in the same part of the country or is being used on related goods (goods that will likely be noticed by the same customers, even if they don't compete with each other).

Can a business use a trademark to stop others from using it?

A business that claims to own a trademark cannot stop others from using the same or a similar trademark unless it is actively using the trademark itself.

Do you have to register a trademark?

Trademark law allows you to protect names, logos, and other commercial signifiers used to identify products and services. Although there is no requirement that you must register your mark federally with the U.S. Patent and Trademark Office, doing so has multiple advantages, including providing notice to the public of your ownership of the mark, ...

Why is trademark law important?

First, trademark law is designed to protect consumers. Even though trademarks certainly benefit businesses, courts are sensitive to the need for consumers to correctly and quickly identify the origin of the goods and services that they purchase.

Can you claim a trademark is tarnishing?

In addition to claiming that there is a likelihood of confusion with an infringing mark, you can also claim that the infringing mark is "tarnishing" or "diluting" yours. Under federal (and some state) laws known as dilution statutes, you may go to court to prevent your trade mark from being used by someone else if your mark is famous and the other company's use would negatively impact the mark's strength.

What happens if a cease and desist letter is ignored?

If your cease-and-desist letter is ignored, then you may decide that you have little choice but to sue. There are several potential claims and considerations that you might make in your trademark infringement lawsuit.

Does the USPTO enforce trademark rights?

Now that the USPTO has granted you trademark rights, you must do your part and protect those rights. The USPTO does not police the market for unauthorized uses of your mark. Nor will it enforce your rights for you. The onus lies with the trademark owner to prevent others from infringing on their trademark rights.

How often do you need to renew a trademark?

They must then renew their trademarks every 10 years after the registration date.