TRADEMARK LITIGATION

Defend your exclusive Trademark rights, while keeping your consumers protected from deceptive goods and services/

HOW DO I PROTECT MY TRADEMARK RIGHTS?

SUMMARY
WHEN INFRINGEMENT HAPPENS
Trademark infringement occurs when an unauthorized entity uses a trademark or service mark that is identical or similar in a way that causes confusion or deception with competing goods or services.
CONSIDER TAKING ACTION
If you believe your trademark or service mark is being used deceptively, you should consider taking action to enforce your exclusive rights and protect your consumers.
WHAT YOU NEED TO KNOW
CEASE AND DESIST
In most cases, the first advised step towards enforcing your rights is by sending a cease and desist letter to the infringing entity.
TRADEMARK PROTECTION IS CRUCIAL
Not registered? Waiting to register your trademark or service mark until it's too late gives your competition a stronger legal position, leaving your brand vulnerable.
MARKS DON’T NEED TO BE IDENTICAL
A mark doesn't need to be identical to be considered an infringement, however, it needs to be similar enough that it would cause confusion for consumers.

ALSO SEE

USPTO TRADEMARK

INTL. TRADEMARK

FREQUENTLY ASKED QUESTIONS

A Basic Clearance Search provides a review of the registered Trademarks and pending applications that are similar to yours both phonetically and in overall appearance. The Basic Clearance Search is helpful in finding obvious and direct conflicts that may prevent the registration of your proposed mark, or cause potential disagreement with another party down the road.

The length of the process can vary. Once filed, an application is typically assigned to an Examining Attorney within approximately 3 months. If no conflicts are found and if no third-party protests or opposes the registration, then it is feasible for a registration to be issued 4-6 months after that. Therefore, at a minimum, the registration process will require 7-9 months, but it can require much more time (possibly years) if the Examining Attorney issues a refusal or if a third-party files an opposition to the application.

Maybe. This will truly depend on the pre-existing registration, including similarity of that mark to yours, similarity of the goods or services, the willingness of the registrant to take action against you, in addition to a multitude of other factors. It is important to understand that if you use a trademark that is already registered by someone else, you do so at your risk.

 

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