Rogers, AR Trademark Infringement Lawyer
Protecting your intellectual property is an important part of operating a successful business. Trademarks are a vital part of intellectual property that is used to present a consumer to a company. However, if your trademark is infringed upon, it can cause irreparable harm to your business. If you discovered that your trademark was infringed upon, you should consult with an experienced Rogers trademark infringement lawyer today.
At Gunn Kieklak Dennis, LLP, we are prepared to help you pursue a trademark infringement case against a party that illegally used your trademark. We understand the importance of protecting the intellectual property created by your business, and we are here for you. To schedule a confidential legal consultation, contact Gunn Kieklak Dennis, LLP at (479) 439-9840, or contact us online.
Trademarks and Intellectual Property
A trademark is a form of intellectual property that is used to identify a company’s services or products. Specifically, a trademark can be a word, phrase, symbol, design, or a combination of these items. For example, a company like McDonald’s uses multiple trademarks to identify its services and goods to the public.
Creating a unique trademark is necessary to ensure that the public understands who is responsible for creating certain types of products or services. Your trademark is likely the first interaction a consumer will have with your company. For example, if you open a restaurant, the logo and the name of the restaurant are trademarks that customers will rely on to identify your services.
In terms of intellectual property rights, trademarks operate differently from other intellectual property protections like copyrights and patents. Copyrights are different from trademarks because they cannot be used to protect a phrase or symbols. Instead, copyrights are used to protect original works like novels, sculptures, motion pictures, and other original works. Additionally, patents are used to protect unique inventions and cannot be used to patent words or phrases.
To learn more about protecting your trademark, you should continue reading and speak with an experienced Arkansas intellectual property attorney.
Requirements for Proving Trademark Infringement in Arkansas
To ensure that your trademark receives all the necessary protections that will help you deal with trademark infringement, you should file your trademark with the United States Patent and Trademark Office (USPTO). The USPTO has multiple requirements to determine whether a trademark is unique enough to be registered:
- Whether the applicant’s mark would cause a likelihood of confusion with another registered trademark
- Whether the goods or services offered by the applicant and a registered trademark holder are too similar
Avoiding a likelihood of confusion is an integral part of determining whether trademark infringement has taken place. A likelihood of confusion refers to the possibility that consumers may confuse one company’s products with products made by a different company. For example, if a business produces surfboards but uses a similar logo to another company that also produces surfboards, a consumer may believe they are created by the same company.
In certain circumstances, two businesses may be permitted to have similar trademarks. This scenario is often accepted in situations where trademarks are similar, but the services provided by the companies are drastically different. For example, if one company engages in the sale of food, and another company offers cleaning services, a consumer would likely not be confused if they had a similar trademark.
If a trademark is too similar and the products offered by each party are also similar, this would be a form of trademark infringement that may require legal action. However, there are other forms of trademark infringement that could lead to litigation. For example, if a company purposely uses your trademark without your consent to misrepresent their products to the public, this is a form of trademark infringement. Other trademark infringement protections provided by registering your trademark include:
- Listing your trademark in the USPTO database and notifying the public of your trademark
- The ability to prevent the importation of products that violate your trademark
- The right to use the federal trademark registration symbol
- The ability to file a lawsuit regarding infringement of your trademark
If you elect to file a trademark infringement case against an individual or business, there are multiple factors that you must show to prove your case. For example, you must prove that you own the trademark that was infringed upon and that you have priority to use the mark over the defendant. Depending on the circumstances of the case, you can receive damages for winning your lawsuit and possibly an injunction to stop an infringer from continuing to use your trademark.
Schedule a Consultation with a Rogers, AR Trademark Infringement Attorney Today
If you require assistance filing a trademark infringement lawsuit, you should contact an experienced Rogers trademark infringement attorney today. With decades of combined legal experience, the intellectual property attorneys at Gunn Kieklak Dennis, LLP are ready to offer you the unique legal representation that you deserve to handle your case. To schedule a confidential legal consultation to discuss your trademark infringement claim, contact Gunn Kieklak Dennis, LLP at (479) 439-9840.