Purpose Of A Trademark

A trademark is a particular sign or indicator used by a person, business organization or some other legal entity to identify the products and/or services to the general public with which the trademark appears. It enables the owners of the trademark to differentiate its products or services from that of other producers or rivals. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.

The proprietor of a registered trademark would likely start with a lawsuit for trademark infringement to hinder unauthorized use of that trademark by requesting a copyright attorney to compose and send the accused a trademark infringement letter. In such cases, registration is not required. The proprietor of a common law trademark might also file a suit, but an unregistered mark might be protected only within a certain vicinity within which it has been used or in certain areas into which it might be reasonably expected to expand.

trademark infringement letter

trademark infringement letter is also known as a cease and desist notice. It is usually sent by trademark infringement lawyers or intellectual property lawyers of the complaining party. The trademark infringement letter will contain the specifics of the complaint and would normally include an instruction to discontinue what ever action which is contributing to the infringement. If the accused fails or ignores the request to comply with the particulars contained in the trademark infringement letter, the complainant can then file a trademark infringement lawsuit.

trademark infringement lawsuit

When the accused will not comply with the instructions stated in the trademark infringement letter, then legal action can be taken. If the litigation is positive, plaintiffs are entitled to a wide range of corrective action under federal law. Such plaintiffs are commonly given injunctions against further infringing or diluting use of the trademark. In trademark infringement litigation, financial relief may also be available. This would include the defendant’s profits, damages sustained by the plaintiff, and the costs of the lawsuit. Damage awards may be increased if there were elements of bad faith present. Take note that in trademark dilution lawsuits, however, damages are only available 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

Aside from trademark infringements, there are also patent and copyright infringements. As with trademark infringement, 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 employ a specialized and competent attorney to handle the case.