Trademark infringement can have an impact on the success of your business. If you discover that another business is using your business name and logo, your first impulse might be to take legal action. Depending on the details of your situation, legal action might not be an option. If you believe that your trademark is being used by another business, here is what you need to know.
Is It Trademark Infringement?
Even though you might believe that another business has stolen your name and logo, the law might disagree. Before you can take any legal action, you need to determine if what you are experiencing is actually trademark infringement.
There are a couple of factors that you must consider before taking action. The first is whether customers can confuse your business with the other. A company having the same name as yours does not automatically cause confusion. For instance, if you operate ABC Flower Shop and there is an ABC Auto in the same city, customers can easily detect the difference.
You also have to factor in the location of the other business. If the business is across country, it is doubtful that it is infringing on your trademark. It is important to note that if you and the other company are doing business online, the location factor becomes less important.
What Can You Do?
If the other business is guilty of trademark infringement, there are several options available to you. In most instances though, the first step is to notify the other business you are aware of the trademark infringement and to ask it to cease and desist its actions.
Unfortunately, this does not always solve the issue. If the business continues its actions, you have the option of filing a lawsuit against it. In the lawsuit, you can not only ask for financial compensation for the other business's actions, but also you can ask the judge to order the other business not to continue its actions.
If you win in court and the other business does not follow the court's orders, you and your attorney can file a petition with the court requesting that the other business be held in contempt. At that point, the business could be subject to additional fines and face more serious legal consequences.
Trademark law is complicated and to help you deal with the issue of infringement, you should consult with an experienced attorney. For more information, contact a business such as Mohajerian A Professional Law Corporation.