Steps to Report Trademark Infringement
It is an all-too-common scenario – you are surfing the Internet searching your company and your products when you stumble upon another business using a name or logo that is very similar to yours and reaping financial benefits from that very similar name or logo. If you find yourself in this situation, your mind may be flooded with questions and concerns, including: who should I report this apparent trademark infringement to?
- Take Time to Assess the Situation
You may be surprised to learn that the first rule of handling a potential trademark infringement is to do nothing. For example, you should NOT contact the company. Also, you should NOT send an angry or agitated message through any social media platforms. Instead, you should immediately contact an experienced and knowledgeable trademark attorney. Why? Because a trademark lawyer can assist you in evaluating your legal rights and the best path forward.
- What Constitutes Trademark Infringement?
Trademark infringement occurs when someone who is not the established owner of a trademark uses your mark, or one very similar to your mark, in connection with goods and services similar or related to those offered by you in an unauthorized manner. It is also important to understand that infringement occurs when the other party utilizes the trademark in a manner that would cause the following:
- Consumer confusion;
- Marketplace deception; or
- An error regarding the source of the goods and/or services.
- Intent Does Not Matter
The intention behind the infringement is irrelevant. Whether or not the imposition occurred on purpose, a trademark owner still retains the right to defend their trademark from potential confusion in commerce from its continued misuse. That being said, if the infringement is willful, the trademark owner may be entitled to additional remedies.
- How To Report Trademark Infringement
You can report an allegation of trademark infringement by sending a cease and desist letter to the infringing party. The objective of sending such a letter is to potentially try and reach an amicable settlement with the infringing party prior to escalating the matter to filing a lawsuit in federal or state court.
In addition to sending a cease and desist letter, you could seek assistance through the platform where the infringement is taking place. For example, if the infringement is occurring on a third-party platform such as Amazon, Shopify or Facebook, you have the option to utilize the resources facilitated by those platforms.
Filing a lawsuit is another option of dealing with trademark infringement. It is important to understand that the primary purpose of trademarks is to limit the risk that consumers will be unnecessarily confused in commerce. As a result, the key to victory in trademark lawsuits often focuses on demonstrating marketplace deception, regardless of whether the infringement was intentional or not.
If you can successfully establish that willful infringement took place, you would likely be eligible to receive compensatory damages and reimbursement for attorney fees.
In an instance where you have become aware of infringement via a trademark application, you can also file a Notice of Opposition with the United States Patent and Trademark Office (USPTO). In such instances, your objective is to block the registration of an infringing mark.
Benefits of Retaining a Trademark Attorney
If you are looking to take action to protect your mark, then you should consider retaining the services of an experienced trademark attorney. An attorney can help you in navigating the complex trademark application process and most importantly assist in protecting your trademark from potential infringement and damage.
The reputable Omni Legal Group, is comprised of a highly respected legal team that can help you by conducting the necessary research and steps to protect your respected trademark. For further information or to schedule a consultation please contact Omni Legal Group at 310.276.6664 or visit www.OmniLegalGroup.com to learn more.