Trademark Law and Trademark Protection

 

Protecting your business name, logo or other registered marks that serve to brand your company is your right as a business owner. But what if another business or individual uses the trademarks associated with the business you’ve worked so hard to build?

Regardless of whether the use of your trademarks is intentional or not, a seasoned trademark attorney can provide the legal expertise needed to stop present and future instances of trademark infringement.

Learn more about the types of trademarks and trademark protection obligations.

Enforcing Trademark Laws

There are many ways to stop trademark infringement from occurring. Hire a trademark attorney skilled in communicating effectively with those in violation of your trademark to avoid a long, drawn-out legal battle. If this does not produce the desired results, then you can proceed with a lawsuit or out-of-court settlement.

Determining whether trademark infringement has occurred is typically the first step in fighting violations of trademark law.

Factors considered in evaluating infringement include:

  • Similarity of marks: do the marks look extraordinarily similar?
  • Similarity of services: are the firms in dispute in the same business?
  • Geographic area of mark’s use: are both parties in the same marketplace?
  • Sophistication of consumers: would most consumers know the difference?
  • Strength of Marks: are the competing marks strongly recognized and entrenched?
  • Actual Confusion: are consumers actually confused?
  • Intention of Selection: did the violator intend to confuse consumers?

Once your attorney determines trademark infringement has taken place, a strategy to put an end to the infringement will be developed.

Contact the Lexero Law Firm

If your registered trademark is being used illegally, you have the right to fight! Contact the Lexero Law Firm today to speak with an experienced attorney who will be able to clearly outline your options and determine the appropriate course of action.