Definition Of A Trademark

A trademark is a unique sign or indicator used by an individual, a company or some other legal entity to identify the products and/or services to consumers with which the trademark is associated. It affords the owners of the trademark to distinguish its products or services from that of other providers or competitors. A trademark is a type of intellectual property, and commonly a name, word, phrase, logo, symbol, design, image, or a blend of these factors.

The owner of a registered trademark would most likely start legal proceedings for trademark infringement to stop unauthorized use of that trademark by employing a copyright attorney to create and send the accused a trademark infringement notice. Having said that, no registration is required. The proprietor of a common law trademark could also file a lawsuit, but an unregistered mark would most likely be protected only within a particular area within which it has been used or in certain places into which it would likely be reasonably expected to expand.

trademark infringement notice

trademark infringement letter is also referred to as a cease and desist notice. It is ordinarily sent by trademark infringement lawyers or intellectual property attorneys of the complaining party. The trademark infringement letter would contain the details of the complaint and would normally include a call to discontinue what ever action which is causing the infringement. If the accused fails or ignores the request to comply with the details contained in the trademark infringement notice, the complainant can then file a trademark infringement lawsuit.

trademark infringement lawsuit

When the accused refuses to comply with the requests stated in the trademark infringement letter, then legal action can be taken. If the litigation is successful, plaintiffs are eligible for a variety of remedies under federal law. Such plaintiffs are routinely given rulings against further infringing or diluting use of the trademark. In trademark infringement litigation, monetary relief may also be available. This would encompasses the defendant’s profits, damages sustained by the plaintiff, and the costs of litigation. Settlement figures might be increased upon showing of bad faith. Be aware that in trademark dilution lawsuits, however, damages are only available if the defendant knowingly traded on the plaintiff’s goodwill in the use of the trademark. Or else, plaintiffs in a dilution case are limited to injunctive relief.

Similar Cases

Besides trademark infringements, there are also patent and copyright infringements. As with trademark infringement, a patent infringement notice and a copyright infringement notice would be sent out to respective offenders.

In all infringement cases, it would be a good idea to engage a specialized and competent lawyer to handle the case.