What can you do if someone uses your trademark?
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.
What happens if you use someone elses trademark?
Filing for a trademark protects your intellectual property from being stolen or copied. Using someone else’s trademark is against the law, and that use comes with legal rights. If you use a trademark illegally, you could face a lawsuit in a federal court or deal with negative publicity.
Can other people use my trademark?
If you want to use someone else’s trademark, you must ask the trademark owner for permission to use it. However, you may be able to use someone’s trademark without first obtaining express consent if your intended use falls within the fair use exception.
Can Trademarks be used without permission?
By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. When a trademark is registered with the U.S. Patent & Trademark Office (USPTO), the trademark owner can enforce its mark across the United States.
How do I stop someone from using my trademark?
The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.
How do you enforce trademark rights?
In order to maintain exclusive rights in a particular mark for your specified goods/services, you must police your registered mark. You can either subscribe to a trademark policing service or perform searches for potential infringement in house.
Can I trademark a logo someone else is using?
A registered trademark offers legal protection to unique logos, designs and names your business uses. You can’t file to register a trademark that someone else is already using if they used the trademark first. Trademark law can be complicated, and most people opt to hire attorneys when they contest trademarks.
Can I use the Nike swoosh?
Trademarks are usually made for names, symbols, catchphrases, figures, and lyrics. For example, the Nike swoosh symbol, the phrase “Just do it” and the name Nike are trademarked. If Nike hadn’t trademarked “Just do it,” anyone could use the phrase in branding and advertisements.
What do I do if someone uses my trademark UK?
What if someone is using your trade mark? If you find that someone is using your trade mark without your consent, seek legal advice as soon as possible. In most cases, you will begin addressing infringement by sending a cease and desist letter to the infringer.
Is the Nike logo trademarked?
For example, the Nike swoosh symbol, the phrase “Just do it” and the name Nike are trademarked. In essence, Nike has three separate trademarks for its symbol, slogan, and name. Trademarks are meant to protect the brand.
Is the Nike swoosh a trademark?
Nike’s shoe technology (Nike AIR) is a patent. The Nike Air bubble is functional and has a scientific purpose. The color of the shoe and design could be a copyright as it is artful in nature. Contrast those with the “Nike” name and logo, and the swoosh on the shoe, as all are trademarks of Nike.
How much does it cost to sue for trademark infringement?
Now consider the cost of suing. Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.
What should I do if another company uses my trademark?
If another company is using your trademark, ask yourself if a customer is likely to confuse that business with your own. The next factor to consider is location.
What does it mean when a name is trademarked?
It means you have performed a trademark search to ensure you have selected a unique or original name and have gone through the steps to claim it as yours. The trademark protects your business’s identity and prevents someone else from using similar words, names, or symbols to sell similar goods or services.
How do you prove that a trademark is being infringed?
In order to do this, you must be able to show the infringing trademark is being used on the same or similar goods or services for which your trademark is registered. This also includes where the infringing trademark is fairly similar to your trademark and will cause confusion about the product’s origins.
What happens if you don’t register your trademark?
If you don’t register your trademark your competitors can. You are in a much stronger legal position to stop others from infringing your brand if you have a registered trademark. Remember, your trademark is a valuable business asset, be proactive and protect it. you can trust to help with registering a trademark?