It is critical to have a brand name, logo, and even a catchy tagline when working in the business world. Every small business, partnership, and corporation should invest in branding because it communicates its narrative. Your brand name and logo define who you are in the market and how you offer your products or services. It encapsulates your company’s morals, beliefs, and goals.
It also conveys to them how you feel about them and the value you can provide. Branding is crucial, which is why you must safeguard it at all costs by including a trademark. What happens, though, if someone else uses your trademark? Is it possible to sue someone who uses or steals it? So, here’s the answer to your query.
Can you file a case against someone who uses your trademark?
Yes! You can certainly sue someone who uses your trademark; in fact, some attorneys specialize in trademark issues. If you live in New York, for example, an expert New York trademark lawyer could assist you with your case if you ever have a problem with someone utilizing your trademark. When someone uses your trademark without your permission, this is known as trademark infringement.
Unapproved use of a trademark or service mark in or in relation to goods and services is known as a trademark infringement, in a way that is likely to lead to confusion, deception, or error over the source of the goods/service.
However, it would be best if you first ascertained whether the person is using your trademark. Let’s look at some trademark information to see if the person is infringing on your trademark. First, trademark infringement arises only when the dual use of the trademark causes consumers to be confused about whether the mark is being used on competitor products.
Another frequently misunderstood component of trademark law is that even if two names aren’t similar, they might infringe on each other. When deciding whether two marks are identical, courts frequently consider “sight, sound, and meaning.” Adding an “s” to a name to make it plural isn’t enough to differentiate it.
Try naming your fast food establishment “McDowell’s,” and you’ll quickly see that marks don’t have to be identical to be infringed upon. It is now time to go further if you are sure your trademark is being used by the person.
Send a letter of cease-and-desist
In most trademark infringement cases, the first step is to submit a cease-and-desist letter. You can do it yourself, but you should seek legal guidance to ensure you’re using the correct terms and covering all of your bases.
The letter demands that a third party immediately cease utilizing your trademarked name or emblem. It’s possible they didn’t understand they were using a registered trademark until they realized they were. If the person refuses to respond to this letter, you will initiate a lawsuit against them.
File a case
It’s time to bring a lawsuit if the person or entity gets your letter and continues to use your trademark. If the claim involves more than one state, it will be brought to federal court. If the infringement is local, a state court may be used to prosecute it.
That should answer your question; you can certainly sue someone who attempts to use your trademark without your authorization. Before you bring a case against someone, you must be satisfied that they attempt to infringe on your trademark. Finally, it is very necessary to move immediately and keep a qualified trademark lawyer in your region. In this situation.