Trademark Infringement

Trademark law can be complex. The United States Patent and Trademark Office (USPTO) website has a wealth of information to assist you, but even a savvy business owner should consider getting legal help from a trademark lawyer. Below are a few important factors to consider if you believe your trademark has been infringed upon:

One of the key issues that must be determined before a lawsuit is filed is whether your trademark has actually been violated. A trademark is considered to be infringed upon when consumers are likely to be confused by the duplicate use of the trademark and the mark is being used for goods or services that are in direct competition with each other. In other words, if another business is using your mark, is a customer likely to confuse the other business with your business?

Another important issue is geographic location. If your business is only located in California and a similarly named company is located in Vermont, it is unlikely that your customers will confuse your local store with one in Vermont. However, if your company has a national presence, you may have a claim of infringement. Additionally, due to the widespread use of the internet in most markets, you may also be able to claim another business’s use of a similar mark online could negatively impact your business.

The two identifying marks don’t have to be identical for there to be infringement. You cannot add an “s” to the end of a name and claim it does not violate a trademark. Thus, when you are picking your name or logo, it is important to have an attorney assist you to ensure that you are not infringing on an existing trademark.

If you believe that a trademark has been infringed upon, take action. We can assist you with sending a “cease and desist” letter to the entity violating your mark and request that they stop using it. If the letter does not illicit the proper response, we can file a lawsuit to prevent further use of your trademark and seeking monetary damages.

If you have questions regarding trademark infringement or any other business law matter, contact the attorneys at The Swenson Law Firm.

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