For every company, a trademark is a tool to differentiate their products and/or services from the rest in the marketplace. If your business trademark has been infringed by any of your corporate competitors, you should hire a business attorney who will file a lawsuit on your behalf against the company or its owner to seek an injunction and/or money damages.
Importance of hiring a lawyer arises from the fact that legal proceeding for trademark infringement is not very well defined. A good business lawyer in Warren, who has experience of successfully dealing with trademark infringement cases, will be of great help if you find yourself in a similar situation. Before you pick up a phone to make an appointment with a lawyer, spend a few minutes to assess if and how lawsuit filing will put an end to your problems.
Are you sure it is a trademark infringement?
If you encounter a trademark issue, the first thing to ensure is that your business trademark is registered with the federal government. With trademark registration, you are entitled to use a specific business name for a specific category of goods. In such a case, you have got a trademark over your business name for a particular business category but may not have protection over it for other categories. In a nutshell, the trademark exists but only within a specific sphere.
Having a federal trademark for your business makes a strong case for trademark infringement if your competitor uses a similar name in the same class of goods or services. Even with a federal trademark, you will stay protected under the unfair competition law in your state. The law will prevent another company from selling similar products from setting up in the state where your business exists.
However, state laws cannot offer you a shield of protection against a business selling identical products from setting up a company or store across the country. In either of these events, the question of if or not your business has a federal trademark is the gateway issue when encountering potential infringement.
Is it right to sue a business over trademark infringement?
For a while, just forget if your business has got a federal trademark or not and just consider the consequences of other companies using your name. The customers paying a visit to either store are likely to be confused about who the owner is. And if you are operating online, it will create confusion among some internet customers about which of the stores to stop by.
The cost of suing is another aspect not to ignore. The business lawyers, who deal with trademark infringement cases, demand $250 or more per hour (particularly in the larger city areas). Full-blown business trademark lawsuit can amount to more than $20,000 and the figure can start snowballing, depending on where the lawsuit is filed and the possibility of an appeal.
Some companies are in a strong position to bear the burden of such a huge cost, especially whose sale largely depends on their brand value. But if it comes to small setups, they should think twice if any trademark dispute is worth filing a lawsuit.