Why It Might Be Necessary to Talk to a Trademark Infringement Lawyer

by | Oct 8, 2021 | Attorney

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Trademarks are an essential part of a business. A trademark distinguishes its services or products from similar businesses in the marketplace. If a competing business uses or infringes on your trademark in any way, it can damage your company. When this happens, you might need a trademark infringement lawyer.

Is It Trademark Infringement?

It is not always easy to know if someone else is infringing on your trademark. Many times it will depend on the type of trademark you have registered. A federally registered trademark gives you the right to use the trademark nationwide for a particular product or service.

There are different classes you would register your trademark. For example, if you registered your trademark for a restaurant, another company could use your trademark for a different type of service or product. If you didn’t have a federally registered trademark, you would still be covered in the state you registered your trademark.

Is a Lawsuit Worth It?

This can be a difficult question to answer, which is why it is necessary to have an infringement lawyer look at your case. You will have to ask yourself if the competing business infringing your trademark is actually hurting your bottom line or reputation.

Some state laws determine who pays legal fees, and other states automatically award legal fees to the winner of the lawsuit. If the infringement was willful, there could be triple damages awarded or more. A trademark infringement lawyer can explain legal fees, damages, and if a lawsuit is necessary.

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