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Titles, logos, and other economic symbolism that identify goods and services can all be protected under trademark law. And although U.S. Patent and Trademark Office does not necessitate you to enroll your mark federally, doing so has many benefits, which include notifying the public that you are:
- The registered proprietor of the mark.
- Creating a presumption of ownership across the country.
- Granting you the sole right to use the mark in correlation with the products and services listed in the registration.
Make sure to contact a trademark patent attorney in South Carolina to get help with any problem you might have.
You can prevent others from utilizing your mark or one that is confusingly similar if you are a trademark owner. Here is what you can do if you find that a person or business is violating your trademark:
You can send a letter of cease-and-desist:
A lawsuit is often not the best first move when you discover that someone or a business is using your mark without your permission. In addition to costing a lot of money, a lawsuit is a drawn-out legal process that will consume a lot of time and resources. Legal action is rarely the best first step for most business owners.
Sending what lawyers for intellectual property referred to as a cease-and-desist letter is a better first move. This document, presented to the trademark infringer, is simply a demand letter that succinctly and unequivocally explains the infringement.
Pursuing a lawsuit for trademark infringement:
Your only option may be to file a lawsuit if your cease-and-desist letter is ignored. You could present several different arguments and claims in your trademark infringement complaint.
Probability of Confusion:
Initially, trademark law aims to safeguard consumers. Even though trademarks undoubtedly help businesses, courts are aware of how important it is for customers to accurately and quickly determine where the products and services they buy are from. As a result, courts will consider if there is a “likelihood of confusion” between your mark and the infringing trademark under the trademark law.
Dilution and tarnishing of trademarks:
You might assert that an infringement mark is “tarnishing” or “diluting” yours, in addition to asserting that there is a possibility of misunderstanding. If your trademark is well-known and the usage of another firm will weaken it, you may file a lawsuit under federal (and in some states, state) laws known as dilution legislation to prevent that company from using it.
To put it another way, dilution of your mark happens when another user’s usage of it erodes its reputation for excellence (a process known as “tarnishment”) or makes it generic due to excessive use in many situations (called weakening). The most crucial factor is that your trademark be well-known, unique, and recognizable.
Actively using a Trademark:
Before filing a lawsuit, keep in mind that to stop others from using your trademark, you must really be utilizing it. Unless it actively utilizes the trademark, a company that asserts ownership of a trademark cannot prevent others from employing the identical or a similar trademark.
Regarding trademark law, “using” a trademark refers to applying it to products or services in the marketplace. This does not automatically imply that the good or service must be sold as long as it is properly made available to the public under the relevant trademark. Remember that trademarks are intended to benefit customers and the market more than they are designed to help the “proprietor” of the trademark. The courts will provide only limited protection for an unregistered trademark.
