Trademarking brand properties is essential for protecting a business’s intellectual property and ensuring others do not use their branding without permission. The most common trademarked brand properties typically include those that help distinguish a company’s products or services from competitors.
At Omni Law, P.C., our business, corporate, and entertainment lawyers in California, New York, New Jersey, and Pennsylvania provide thorough support and guidance throughout the registration process for clients looking to register a trademark with the United States Patent and Trademark Office (USPTO). We assist our clients at every stage, from carrying out trademark searches to creating and submitting applications.
They include company names, slogans and taglines, logos and emblems, brand colors and schemes, mascots and characters, and product and packaging designs. Although not an exhaustive list, each trademarked part of a company’s brand helps protect its identity, build consumer trust, and prevent unauthorized use by competitors. It is crucial in establishing a strong brand presence in the market and ensuring long-term business success.
The question becomes, once the trademark is in place, how can its existence be enforced to protect the brand it represents?
We are here to ensure questions like these are answered promptly and precisely. While each of our legal strategies is unique to our client’s needs, we discuss common options for enforcing trademark registrations here.
How to Enforce Your Trademark from Infringement
Enforcing trademarks is crucial for maintaining a brand’s exclusivity and integrity. With the help of our skilled business attorneys, trademark owners nationwide can use several common legal strategies to enforce their trademarks and protect their intellectual property.
They include, but are not limited to:
Sending a cease and desist letter is often the first step in trademark enforcement. This letter informs the infringer of the trademark owner’s rights and demands that they stop using the trademark.
Often, this can lead to a settlement or agreement without further legal action.
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Alternative Dispute Resolution (ADR)
Parties can resolve trademark disputes through mediation, where a neutral third party helps facilitate a mutually agreeable resolution, or through binding arbitration, where an arbitrator makes a decision that both parties must adhere to. In either scenario, speaking with a skilled trademark infringement attorney first will help guide the resolution of the dispute.
If cease and desist letters and negotiations fail, our attorneys can file a lawsuit for trademark infringement. This legal action seeks to stop the infringing use and may include claims for damages.
While the case is being decided, trademark owners can request preliminary injunctions to stop infringers from using the trademark immediately.
Enforcing trademarks involves a combination of proactive monitoring, administrative actions, and, when necessary, legal proceedings. Our skilled lawyers can help you effectively navigate the complexities of trademark enforcement.
Contact our dedicated trademark enforcement attorneys at Omni Law today to learn how we can protect your and your company’s best interests and help you achieve the legal outcome you deserve.
