How do you fight a trademark infringement?
Your lawyer typically will suggest one of five approaches to the demand letter: ignore it, call the owner of the trademark and try to work out a business deal, reply to the letter, sue under the Declaratory Judgment Act or petition the Patent and Trademark Office to cancel the other party’s registration(s).
How much does a trademark infringement lawsuit cost?
Trademark infringement lawsuits can cost on average anywhere between $120,000 to $750,000 depending on the complexity of the case. During the pendency of the lawsuit, you are responsible for paying your Attorney’s monthly bills.
How serious is trademark infringement?
Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices. … An injunction requiring the defendant to stop producing/using/distributing goods with the trademark. Seizure of goods that use or incorporate the unauthorized trademark.
What do you do if someone violates your trademark?
If the person or entity receives your letter and continues to use your trademark, it’s time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.
How do you win a trademark infringement lawsuit?
What are my options to respond to the suit?
- Challenging the claimed trademark;
- Denying that the trademark owner has proved infringement;
- Asserting a defense to the alleged infringement; and/or.
- Negotiating a settlement of the lawsuit by, for example, agreeing to take certain actions to avoid likelihood of confusion.
What are the most common defenses to trademark infringement?
The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.
How long does a trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Can I sue the Uspto?
An applicant or patentee dissatisfied with the result of a Patent Trial and Appeal Board appeal can take an appeal to the Federal Circuit or, alternatively, can bring a civil action against the USPTO in federal court.
What happens if you don’t enforce your trademark?
If you don’t enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There’s also a concept in trademark law called abandonment. Generally, if you don’t use your mark for three years or more, it’s considered abandoned.
What is the difference between trademark dilution and infringement?
Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark. Instead, all that is required is that use of a “famous” mark by a third party causes the dilution of the “distinctive quality” of the mark.
What is the punishment for trademark?
Criminal sanctions associated with trademark infringement can attract a prison sentence of up to 10 years or an unlimited fine. Not an insignificant deterrent to a potential offender.