Intellectual Property Topics: How is the Trademark Enforced?

Whether you are applying for a trademark, copyright, or patent, intellectual property can be one of the most important assets you or your business will ever own. And although technically you own intellectual property as soon as you create it, without solid protection from the United States Patent and Trademark Office or the U.S. Copyright Office, you may have no legal recourse later in the case of infringement

Intellectual property, although required for many businesses to get ahead and to make a name for themselves in their industry, is a complex area of law and is often intimidating to business owners and individuals who may be creating a brand, or innovating in a wide range of products or services.
The trademark is necessary if you need to offer distinction between your products and those of other companies, as well as the services your business offers. The trademark is often also referred to as the brand-name, which makes sense as symbols like the ‘whoosh’ sign for Nike offer familiarity for consumers.

With the help of a skilled intellectual property attorney, you can search other trademarks and service marks, ensuring there is not already conflicting material registered. These types of searches are important so that you do not run into a legal issue later, allowing you to apply for a trademark without worry on your end, registering with the United States Patent and Trademark Office, and then enforcing legal action against anyone who may attempt to infringe.

Keep in mind also that the service mark is a subset of the trademark category, delineating not products, but rather announcing what you do. If either of these are infringed on, and you do have your trademark registered, you have numerous options—but this is not the time to go it alone! With the help a skilled intellectual property attorney from The Bolender Law Firm, you can request that the other party stop using your branding mechanisms, and a court order may be issued. You may also see an order issued for the other party to get rid of the infringing items, you may be owed damages, and infringer may even be forced to pay attorney’s fees.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

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