Who enforces trademark?
If the mark is registered with the United States Patent and Trademark Office (USPTO), you can file a lawsuit in federal court. If the mark is unregistered and the infringing mark is being used in the same state, your dispute may be resolved in state court.
Do companies have to enforce trademark?
The United States Patent and Trademark Office (USPTO) will not monitor or enforce your trademark. You have to keep an eye out for competitive products or services using your mark or a similar one. This is your responsibility — the law will not police your trademark.
How are common law trademarks enforced?
However, common law trademark rights can be hard to enforce because there is no public record of your trademark or when your trademark use began. To obtain federal trademark registration, you must file an application with the USPTO and have it approved.
Can someone use my trademark?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.
Can you lose trademark if you don’t defend it?
You can lose your exclusive proprietary interest in a mark if it is not properly defended. Although a trademark can be recognized at common law, your best protection comes from using a registrable mark and getting it registered with the United States Patent and Trademark Office.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
What do I do if someone is using my trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Can I use a trademark without registering it?
A trademark is a recognizable sign, mark, or expression that serves as a source signifier. Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration.
Is passing off a tort?
In common law countries such as the United Kingdom, the Philippines and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation.
Can you sue for trademark infringement without registration?
This essentially means that, even without a trademark registration, a mark owner is entitled to trademark rights so long as it uses the mark in connection with providing goods and services in commerce. Thus, the owner of an unregistered mark may enforce its trademark and sue for trademark infringement.