What can I do if someone uses my trademark?

If the person or entity receives your letter and continues to use your trademark, it’s time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.

What if someone has a similar trademark?

The Office will conduct a trademark search to see if your mark is “confusingly similar” to marks that are already registered or pending application. Your application will be rejected if the Trademark Examining Attorney finds a conflict.

Can you be sued for using a similar company name?

No. Companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes. Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern.

Can I use a similar trademark name?

A business name generally can be protected as a trademark under federal and state trademark law. As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

Can you sue if someone uses your trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

How do I stop someone from using my trademark?

The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.

Can I trademark something that already exists?

If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.

How do you prove trademark infringement?

To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or …

What if my business name is similar to another?

If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.

What happens if someone trademarks your business name?

If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.

How much does it cost to sue for trademark infringement?

Now consider the cost of suing. Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.