Innovative Patent & Intellectual Property Attorneys

What if someone infringes on a trademark?

If you think somebody’s infringing your registered trademark, then you have a number of options. Of course, the most extreme is to file a trademark infringement lawsuit with the courts, alleging that somebody is infringing on your trademark. But typically, prior to that, we would send a cease and desist letter to the potential infringer, and explain briefly to them why we think that their trademark is confusingly similar to our trademark and ask them to stop infringing or ask them to stop using their trademark.

And often, we’ll end up reaching some sort of agreement where the other party decides not to use the trademark. Perhaps they’ll modify their trademark. They may just agree to stop using it altogether. Or, they may agree to use it only for particular types of goods that are very different than yours. So sometimes, they’ll reach an accommodation agreement that allows us to stay out of court and not have to go to that extreme measure of getting a judge to tell the other party to stop using your trademark.

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