Registering a trademark or service mark provides your brand with national protection across your specific industry. Trademark infringement occurs when an individual or company uses your brand’s trademark for similar goods or services within the same industry, and the use of these words, phrases or images is likely to result in the good or service being mistaken for that of your business. Trademark infringement may also occur outside the specified industry if the brand claiming infringement is large enough to be considered a household name and a similar trademark is placed on an inferior good or service, thereby blurring or tarnishing the famous trademark’s distinctive quality.
If you believe someone else is illegally using, or infringing on your trademark or service mark, the trademark infringement attorneys at Schmeiser, Olsen & Watts can assist you in evaluating your options for enforcement and litigation.
Trademark Enforcement Options
In most infringement cases, our trademark attorneys will draft and send a cease and desist letter on your behalf. If that does not deter the other party, and your trademark has been registered with the U.S. Patent and Trademark Office, you may opt to file a trademark infringement lawsuit in federal court. Another common strategy involves filing an infringement lawsuit and requesting the court grant a preliminary or temporary injunction. Typically, an injunction orders the infringer to stop use of the mark in question until the trial outcome has been decided, and often results in a favorable settlement outside of court for the trademark owner.