What Is A Trademark

A trademark is a unique 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 located. It enables the proprietors of the trademark to tell apart its products or services from those of other providers or suppliers. A trademark is a kind of intellectual property, and ordinarily a name, word, phrase, logo, symbol, design, image, or a mix of these elements.

The owner of a registered trademark might probably commence legal proceedings for trademark infringement to halt unauthorized use of that trademark by engaging a copyright law attorney to create and send the accused a trademark infringement notice. In such cases, no registration is needed. The proprietor of a common law trademark could also file a suit, but an unregistered mark could be protected only within the geographical area within which it has been used or in certain places into which it may be reasonably expected to expand.

trademark infringement notice

trademark infringement notice is also referred to as a cease and desist letter. It is normally sent by trademark lawyers or intellectual property lawyers of the complaining party. The trademark infringement notice will contain the specifics of the complaint and would generally include a demand to discontinue what ever action which is causing the infringement. If the accused fails or rejects any calls to comply with the particulars contained in the trademark infringement notice, the complainant can then file a trademark infringement lawsuit.

trademark infringement lawsuit

When the accused refuses to comply with the requests stated in the trademark infringement notice, then legal action would then be the next option. If the litigation is successful, plaintiffs are entitled to a list of corrective action under federal law. Such plaintiffs are ordinarily given injunctions against further infringing or diluting use of the trademark. In trademark infringement lawsuits, financial relief can also be available. This would comprise the defendant’s profits, loss experienced by the plaintiff, and the costs of the lawsuit. Compensation could be increased if there were elements of bad faith present. Bear in mind that in trademark dilution cases, however, damages are only available if the defendant knowingly traded on the plaintiff’s goodwill in the use of the trademark. Otherwise, plaintiffs in a dilution case will only be awarded injunctive relief.

Similar Cases

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

In all infringement cases, it would be best to employ a specialized and competent attorney to handle the case.