Trademark registration is required to protect the business name and logo, but it may not be necessary in every circumstance. However, there are times when you might need trademark legal assistance and don’t even know it, until it’s too late to get help or protect your trademark properly. Here are some cases when you might need trademark legal advice. If any of these apply to your situation, It is recommend contacting a trademark lawyer as soon as possible.
When You Need To Register A Trademark
If someone else is using your trademark, it’s time to register. If they’re using it in the same market as you, that’s called infringement. You’ll have to send them a cease-and-desist letter and, if they don’t comply, start the process of suing them.
You can also register your trademark if there’s been no one else using it for five years or more. You’ll still have to show that no one has used it for an extended period of time by providing evidence like printouts from the U.S. Patent and Trademark Office (USPTO).
When You Are Facing Infringement
When someone uses your trademark to sell goods in a way that could confuse consumers or tarnish your reputation, it’s called infringement. You can take legal action against an infringer by either sending them a cease-and-desist letter or filing for an injunction to stop the infringing activity. If the infringer continues their activities after receiving notice from you, they will have committed an act of willful infringement and could be subject to criminal penalties.
When Your Business Is Changing Its Name
Changing your business name may be necessary for branding purposes, but it can also be confusing for customers. If your business is changing its name, it’s important to understand the steps needed before making any changes so that there are no surprises along the way.
If your business name is similar to another company’s, it could cause confusion among customers. It may not always be possible to choose a new name without infringing on someone else’s intellectual property rights. In these instances, trademark lawyers often help resolve the matter through negotiations with the other party or by filing an action in federal court.
When Someone Infringes On Your Trademark
This is the hardest and most expensive type of infringement to deal with, but it’s important to start early. If someone is using your trademark without permission, you can send them a cease-and-desist letter explaining that they’re infringing on your mark. But if they don’t respond or refuse to comply, you’ll have to file a lawsuit in federal court.
The cost of these lawsuits varies greatly based on the severity of the case and what else needs to be done like collecting damages.
When The Registrations Are Expiring
When the registrations for your trademarks are expiring, it may be time to renew them. If a registration is about to expire, there are several options for what can happen. The best option is to file an intent-to-use application before the expiration date and then wait until the USPTO approves it before using the mark in commerce.
trademark law is one of the most complicated areas of law, with many nuances and exceptions, which is why getting an intellectual property law firm is so important. When it comes to trademarks, there’s no substitute for an experienced attorney who is familiar with all aspects of the legal system.