Trademark Infringement: What to Do When it Happens to You

Legal Infringement Word Cloud

On the business side of things, a trademark protects a good or service from infringement or damage of reputation by another company. By using a trademark (for a word, phrase, symbol, or design) you prevent other companies from using your idea to further their own business ventures. However, there are chances when one can’t still prevent trademark infringement. Here’s what to do when it occurs.

Determine if there was an infringement

Identifying a trademark infringement is complex. Many businesses commit mistakes when determining the violation caused by another organisation. Before filing a lawsuit, make sure that you have a strong claim first. Rapid Legal Solutions and many other law firms in Townsville suggest asking the following questions:

  • Did it confuse your consumers? Did they think that the other brand is also your brand due to copying?
  • Is the business in the same area as yours? Where is the other business located? How far is your business location from the involved party?
  • Are the trademarks identical? Have you checked for “sight, sound, and meaning?” How identical are they from one another?

If you answered yes to all questions, then the other business involved most likely infringed your trademark.

Take legal action

Seek the advice of a lawyer specialising in trademark law. Make sure to present your trademark and the infringement caused by the other company. By doing so, you’re able to strengthen and ensure your claim. After, your lawyer will send a demand to the infringing business saying that they should stop using your mark. If said business takes no action, you can file a lawsuit in federal court, especially if you think that the infringing business is harming your brand. What follows depends on the actions that the other party will take.

Trademarks are important in any business. Study and invest in trademark laws to ensure your brand and your business. Make sure to work with a lawyer when doing so.