What Do I Do If Someone is Using My Mark?
The first thing you should do is research that business – see exactly when they began using their mark and how it lines up with your first use. Because trademark law is chronological, whoever used a mark first in a commercial sense has superior rights.
Cease and Desist
After you make sure you have superior rights you’ll want to send a cease and desist letter. This notice lays out your legal argument and proof backing the demand.
The demand letter should state the deadline by which you want the infringing user to cease use of the mark, as well as detailing monetary compensation you’d ask for.
Apply for a Trademark Registration
If you haven’t applied for trademark registration yet and you know that infringement is occuring, strongly consider applying for a federal registration (or state registration, if necessary) – not only does a registration give you stronger rights, but it also opens the possibility for statutory damages, which do not require you to prove actual damages that the infringer may have caused.
Learn More About Trademark Law
If you are applying for a trademark, ensure you’re on the right path with the attorneys at Daniel Ross & Associates. To schedule a free consultation to discuss how your trademark needs, please call (216) 307-5590, or get in touch using our online intake form.
