Benjamin Appelbaum, Attorney at Law

How to go about enforcing your trademark registration

In an earlier post we wrote about how to go about registering a trademark and why it is a good idea to do so to protect a business. In this post we will discuss ways in which that trademark may be enforced following registration.

Once a trademark is registered it is vital that a business stays on top of the trademark to make sure other businesses are not infringing it. The failure to do so could lead to unwanted consequences beyond the loss of profits and royalties, such as the destruction or weakening of intellectual property rights altogether.

If you trademark has been infringed upon you may take action in either state or federal court.

There are multiple approaches that may be taken to enforce a trademark. Sometimes a cease-and-desist demand is all it takes. This could be the case in situations where the infringing party is not aware that what they are doing is problematic. This step could also be helpful in the long run if a party refuses to stop the infringing activity because continued infringement following notice illustrates the action is willful.

If an infringing party continues to engage in the infringing action injunctive relief may be sought. Here, the holder of the trademark seeks a court order that tells the infringing party to stop using the trademark. If the use of your trademark has resulted in the other party making a profit, you may be able to secure a variety of types of monetary damages.

A lawyer who is knowledgeable about trademark matters can help you determine what action to take and which venue is most appropriate. We have that knowledge. To learn more about our trademark litigation practice please see our website.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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