Fayetteville, AR Trademark Infringement Lawyer
Coming up with the perfect trademark for your business can be difficult. Not only do you have to create a trademark that is fresh and unique, but you also need to produce a trademark that catches the eye of consumers. That is why it is frustrating when another person or business infringes upon your trademark and profits from your hard work. Fortunately, there are legal remedies if another party illegally uses your trademark. If your trademark was infringed upon, you should consult with an experienced Fayetteville trademark infringement lawyer today.
At Gunn Kieklak Dennis, LLP, our trademark lawyers are prepared to help you protect your trademark. We understand the importance of maintaining a good relationship with the public, and we can help you hold a trademark infringer accountable for their actions. To schedule a confidential legal consultation to discuss your potential claim, call Gunn Kieklak Dennis, LLP at (479) 439-9840, or contact us online.
How to Protect Your Trademark
A trademark is a word, phrase, icon, or a combination of all three that is used to identify a certain line of products. Trademarks can also be used to identify a certain type of service. For example, if you open a coffee shop that creates special types of coffee and you name the coffee shop after an arbitrary word, that word is operating as a trademark.
Your trademark is likely the first detail a potential customer will notice about your product or service. If another business is illegally using that trademark, the consumer may wonder whether your company is linked with one of your competitors.
The United States Patent and Trademark Office (USPTO) defines trademark infringement as the unauthorized adoption of a trademark in connection with a product or service that is likely to confuse consumers. For example, if you sell custom-made surfboards and a similar business opens a mile away that uses the same name as yours, this could make customers think the same person owns the stores.
If you want to protect your trademark from infringers, the first action you should take is registering your mark with the USPTO. While you are afforded some common law protections without registering your mark, registering your trademark will increase those protections. For example, it may be easier to receive legal compensation if someone misappropriates your mark. Before you register your trademark, you should perform a trademark search to ensure that your mark is not being used by another business that is similar to your business.
There are several advantages to registering your trademark with the USPTO:
- The exclusive right to use your mark across the nation
- Places the public on notice of your ownership of the trademark and places your mark within the USPTO’s database
- Allows you to prevent importation of foreign products that illicitly use your trademark
- Foreign registration of your mark in certain countries
There are other advantages to registering your mark that is not listed above. To learn more about protecting your mark, you should consult with an experienced Arkansas intellectual property lawyer.
When to Sue for Trademark Infringement
One of the most important protections provided by registering your trademark is the right to file an action in state court or federal court for the infringement of your mark. To prove a trademark infringement claim, you must prove:
- That you own the mark in question
- Your rights to the mark have priority against the defendant’ claims of ownership
- The two marks are likely to cause confusion among consumers
If you prevail in your trademark infringement case, you may be entitled to a few legal remedies. For example, you may be able to obtain an injunction against the infringer to prevent them from using your mark. An injunction is a court order that orders an individual to perform a certain action or refrain from performing a certain action. Other legal remedies available after you win your infringement case include:
- A court order that demands the destruction of property that illegally uses the plaintiff’s trademark
- Monetary compensation that may be based on the profits an infringer earned while illegally using your mark
- Under certain circumstances, the defendant may have to pay your attorneys’ fees and other court costs
Our Fayetteville Trademark Infringement Attorneys Can Help You File a Claim
If your business was a victim of trademark infringement, you should contact an experienced Fayetteville trademark infringement attorney today. At Gunn Kieklak Dennis, LLP, our legal team possesses extensive experience dealing with a wide variety of complex intellectual property cases. We can help you identify whether your trademark is being infringed and help you develop a legal strategy to prevent further infringement. To schedule a confidential legal consultation, call Gunn Kieklak Dennis, LLP at (479) 439-9840, or contact us online.