Quick Answer: How Do I Sue Someone For Trademark Infringement?

What happens if you don’t enforce your trademark?

For many companies, trademarks are important business assets built through goodwill and reputation.

However, a failure to enforce a trademark by monitoring the mark for misuses will result in a weakening of the mark and loss of distinctiveness, which can lead to a loss of the trademark..

How do I check a trademark infringement?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

What is the difference between trademark infringement and trademark dilution?

Dilution is therefore different from trademark infringement, because trademark infringement always involves a probability of customer confusion, whereas dilution can occur even if customers wouldn’t be misled.

What is an example of a trademark infringement?

Examples of trademark infringement cases include instances in which one company sues because it contends that another company is profiting from its trademark without approval.

What is the penalty for trademark infringement?

There are several penalties available for copyright infringement, including: Damages and lost profits that can be as much as $150,000 per infringement. An injunction that will stop the unauthorized use of the copyrighted material. Prison time for the infringer.

How do you avoid trademark infringement?

Here are five steps small business owners can follow to avoid a trademark infringement lawsuit:Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. … Enlist help. … Consider general liability insurance. … Register your trademark. … Document your findings.

What is not trademark infringement?

Use by an unauthorised person: This means that violation of a trademark only happens when the mark is used by a person who is not authorised by the holder of the registered trademark. If the mark is used with the authorisation of the holder of the registered trademark, it does not constitute infringement.

Can you sue someone for using 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 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.

How long does trademark protection last?

ten yearsHow long does trademark protection last? The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on payment of additional fees.

Where do I file a trademark infringement case?

A trademark infringement case can file in a district court where the person instituting the suit for infringement resides or carries on business.