Three Answers To Common Questions About Trademarks

30 May 2018
 Categories: Law, Blog


If you currently run a business, you may find that it is advisable to seek out a trademark. However, individuals are often not informed about trademarks, and this can make it difficult for them to appreciate the value that they can provide along with the steps for protecting a trademark.

Why Would You Want A Trademark?

It is a reality that you will spend many years building the reputation of your business. If individuals attempt to copy your logo, name or other defining attributes of your business, it could confuse your customers; this can lead to these individuals wrongly associating subpar performance and other issues with your business. By having a trademark, you will be able to take action to stop individuals from infringing on these attributes of your business.

What Happens If Someone Violates Your Trademark?

In instances where one person or company is discovered violating your trademark, you will need to take aggressive action to protect your trademark. The first step in this process will be sending a cease and desist letter to the offender ordering them to halt their violation of your trademark. If they refuse, you may need to file a lawsuit against the party to compel them to stop using your trademark, and you may be able to recover compensation for the damages that were caused to your business. It should be noted that a part of the stipulations for obtaining a trademark will be an obligation to defend it. This means you may want to hire a trademark attorney on a retainer so that you will be able to act quickly in instances where your trademark is violated.

Can Anything Be Trademarked?

Unfortunately, there are some individuals that may assume that anything can be trademarked. However, this is not the case as there are strict limits and regulations in place that govern the features that are eligible for a trademark. Also, you will need to research your trademark to ensure that it is not currently covered by an existing trademark or used by a company that has a stronger claim. In the worst case scenario, it can be possible for you to have to relinquish your trademark and face the potential of a civil lawsuit. Fortunately, many attorneys that offer trademark services are experienced in conducting this type of research for their clients. While you may need to pay additional fees for your attorney to perform this search, it can be well worth the investment to ensure that your trademark will be free of competing claims or other potential issues.

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