What Is A Trademark

A trademark is a distinctive sign or indicator used by a person, a company or some other legal entity to identify the products and/or services to the general public with which the trademark is found. It affords the owners of the trademark to differentiate its products or services from that of other manufacturers or suppliers. A trademark is a sort of intellectual property, and commonly a name, word, phrase, logo, symbol, design, image, or a combination of these components.

The owner of a registered trademark could begin legal proceedings for trademark infringement to hinder illegal use of that trademark by appointing a copyright infringement lawyer to draft and send the accused a trademark infringement letter. Having said that, no registration is needed. The owner of a common law trademark could also file a suit, but an unregistered mark may be protected only within a particular area within which it has been used or in certain places into which it could be reasonably expected to expand.

trademark infringement letter

trademark infringement letter is also known as a cease and desist letter. It is usually sent by trademark lawyers or intellectual property lawyers of the complaining party. The trademark infringement letter will contain the specifics of the complaint and would basically include an instruction to quit what ever action that is contributing to the infringement. If the accused fails or refuses to comply with the advice contained in the trademark infringement letter, the complainant can then file a trademark infringement litigation.

trademark infringement litigation

When the accused does not want to comply with the instructions stated in the trademark infringement letter, then legal action would then be the next option. If the case is positive, plaintiffs are eligible for a wide range of remedial action under federal law. Such plaintiffs are routinely given injunctions against further infringing or diluting use of the trademark. In trademark infringement lawsuits, financial relief could also be available. This would comprise the defendant’s profits, loss sustained by the plaintiff, and the costs of litigation. Claims might be increased if there were elements of bad faith present. Bear in mind that in trademark dilution suits, however, damages are available only if the defendant knowingly traded on the plaintiff’s goodwill in using the mark. If not, plaintiffs in a dilution action can only claim injunctive relief.

Similar Cases

Apart from trademark infringements, there are also patent and also copyright infringements. Similarly, a patent infringement letter and a copyright infringement notice would be sent out to respective offenders.

In any infringement case, it would be advisable to secure the services of a specialized and experienced attorney to handle the case.