Purpose Of A Trademark

A trademark is a unique sign or indicator used by an individual, a company or some other legal entity to identify the products and/or services to the 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 suppliers. A trademark is a sort of intellectual property, and commonly a name, word, phrase, logo, symbol, design, image, or a combination of these factors.

The owner of a registered trademark would most likely embark on legal proceedings for trademark infringement to halt unauthorized use of that trademark by engaging a copyright infringement attorney to draft and send the accused a trademark infringement notice. However, registration is not required. The proprietor of a common law trademark may also file a suit, but an unregistered mark might probably be protected only within a certain vicinity within which it has been used or in certain areas into which it could possibly be reasonably expected to expand.

trademark infringement notice

trademark infringement notice is also referred to as a cease and desist letter. It is usually sent by trademark infringement lawyers or intellectual property attorneys of the complaining party. The trademark infringement notice would contain the details of the complaint and would basically include an instruction to stop what ever action that 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 litigation.

trademark infringement litigation

When the accused does not want to comply with the requests stated in the trademark infringement notice, then legal action would then be the next option. If the suit is successful, plaintiffs are entitled to a wide range of remedies under federal law. Such plaintiffs are commonly accorded directives against further infringing or diluting use of the trademark. In trademark infringement suits, monetary relief may also be available. This would encompasses the defendant’s profits, loss experienced by the plaintiff, and the costs of litigation. Damages might be increased upon showing of bad faith. Bear in mind that in trademark dilution lawsuits, however, damages are available only if the defendant willfully traded on the plaintiff’s goodwill in using the mark. Or else, plaintiffs in a dilution action are limited to injunctive relief.

Similar Cases

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

In all infringement cases, it would be advisable to secure the services of a specialized and competent attorney to handle the case.