What Should I Do If Someone is Using My Trademark?

Anyone who has been through the trademark process knows that it is not a quick one. When you come out the other side having successfully protected your brand and your business, it is as the result of a lot of hard work, effort, and time put into making that goal a reality. That makes it sting all the more when you discover someone else is using your trademark.

Registering your trademark with the United States Patent and Trademark Office comes with protections that you have the sole right to actively use and profit off of whatever it is you trademarked. It does not mean, however, that the USPTO is patrolling your trademark for anyone else who is using it. The impetus to find any infringers is entirely in the hands of you and your trademark attorney.

So what happens if you or a friend finds someone else using your trademark? Your first step – and we cannot stress this enough – is to contact your attorney before attempting to do anything on your own. Handling trademark infringement is a delicate process, and any attempts to resolve it on your own could harm your case down the line.

An important aspect to remember, in the USPTO’s own words, is that trademark infringement is the unauthorized use of a trademark “in a manner that is likely to cause confusion, deception, or mistake about the source of the goods.” That makes sense: after all, the point of trademarking your brand is to protect what distinguishes you from everyone else. Your trademark is what makes your business, well, your business.

In practical application, that means your trademark infringement case might not hold water if there is little chance of confusing the two elements in question. Let’s say you run a life coaching business in Iowa called Life Goals, and you’ve trademarked your business name and logo. You discover that a stain remover company in Rhode Island is now also using the name Life Goals. Since your company is in an entirely separate field from the other, the USPTO might not consider this a case of valid infringement.

Of course, the validity of the case should immediately be determined by your trademark lawyer. At Hayoon Kane Law Firm, we offer a Trademark Protection Package designed specifically for instances like this. We will start by examining who is taking advantage of your brand, how it is affecting your business, and what the most effective next steps will be. These normally begin with sending a Cease and Desist letter to the infringers, which we will draft for you.

Having someone else infringe on your trademark can be frustrating, but it does not mean defeat. When you have seen someone else using your hard-won trademarks, your first step should be contacting Hayoon Kane Law Firm. Give Hayoon Kane Law Firm a call today to discuss our Trademark Protection Package! We help your business add trademarks and multiply your sales, with confidence!

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Hayoon Kane Law Firm

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“Trademark Filing” Package

"Trademark Filing" Package

1

Brand Discovery Session
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See what IP your business has, what's protected (and what's not protected), what can be monetized, and what is the most cost-effective way to secure them. Then create an initial brand protection strategy with your attorney.

2

Brand Protection Strategy Session
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Review the results of your trademark search so you understand the risks your trademark has. Your attorney will help you fine-tune your brand protection strategy.

3

Trademark Application Filing
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We submit your USPTO trademark application to begin the registration process.

4

Monitoring your application process
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We monitor your trademark application and resolve administrative issues with the USPTO examiner.

Brand Protection Package

Brand Protection Package

1

Protection Strategy Session
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Review who is taking advantage of your brand and make strategies to take them down with your attorney. Your attorney will advise you on ways you can do to protect your hard work and creation, your brand.

2

Send out warning letters
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We will send out letters to the infringers explaining your rights and demanding them to stop using your IP rights.

3

Negotiate with the infringers
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We will negotiate terms with the infringers based on the plan we made in the Protection Strategy Session in Part 1.

4

Secure your brand value
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We will make sure the infringers fulfill the terms of the agreement and have them sign a settlement agreement.