You have worked long days and nights and put a lot of blood, sweat, and tears into a business, only to find out one day that someone is attempting to steal your life's blood and infringe upon your trademark. What should you do and how do you stop them from benefiting from the fruits of your labor?
Assuming you made sure to properly register your Trademark before you began your business venture, the first step you should take is to reach out to an attorney with expertise in this area. The thought of dealing with trademark infringement may seem scary but securing the help of a trademark attorney can make the task much simpler.
WHAT IS TRADEMARK INFRINGEMENT?
Backing things up a bit, it may be helpful to know what constitutes trademark infringement, and you need to make sure that a violation of your trademark has occurred before proceeding. If there is a likelihood that consumers may be confused between your mark or the infringing mark in the marketplace, it is a probability that infringement is taking place. Now, if you have similar trademarks but the industry in which both business practice is completely different, the other company may not be in the red.
HOW TO STOP SOMEONE INFRINGING ON YOUR TRADEMARK
The first step will most likely be to send a Cease and Desist Letter. This is usually sent by your attorney and makes the infringer aware that you know your rights regarding your trademark and makes them aware of what your demands are.
If the infringement continues even after receiving your letter, the next step is to file a lawsuit. If you are in Nevada and have concerns about trademark infringement, set up a Free Consultation with Joe Dragon today.