Trademark infringement is a concern for companies of all sizes. It is an issue that affects companies on varying levels, especially if they are accused of infringing upon another company’s trademark. This can be a very confusing situation, but today we will discuss how you can protect your company’s from trademark infringement.
Trademark infringement occurs when one company uses a similar or identical trademark as another. The trademark could have a registered TM symbol alongside it or it could be registered with the U.S. Patent and Trademark Office (USPTO). The USPTO states that a trademark is typically protected based on it being put to use, but it is assumed that the use is not infringing upon another company’s mark.
If your company is working on creating a trademark of its own, it’s time to legally protect yourself from any potential lawsuits claiming infringement. Make sure you perform a good amount of research before settling on a trademark. You want to make sure it is not similar to any other trademark out there or even close to being identical in any nature. The time spent on research can help save your company down the road from a lawsuit.
There is something called liability to registered owner. If your company creates a trademark that is then put into use, and it winds up being an infringement on another company’s trademark, there could be a problem. The liability to registered owner gives the company that registered their trademark an indefinite amount of time to find your company and file a lawsuit for infringement.
Protecting your company from a trademark infringement lawsuit is vital to your success. These lawsuits can lead to your company having to rename itself, rebrand itself or even shut its doors.
If your company has been accused of trademark infringement by another entity, speak with a business litigation attorney in Cincinnati to handle your case. Contact our firm today to have all of your questions answered.