How do I stop someone from using my trademark?

The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.

Can I trademark a name already in use but not trademarked?

If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.

Can you trademark a generic name?

What can be considered generic words? Generic words and terms generally cannot be trademarked in Australia if they are common words that identify objects not specific to any particular source or are capable of distinguishing the product or services from other products or services.

Can I use a trademarked name for a different product?

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 sue someone for using your 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 sue someone for using my logo?

Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.

What rights does a trademark owner have?

A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration (whereas a Page 9 12 13 UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS state registration only provides rights within the …

Is Kleenex still a trademark?

Although Kleenex is a registered trademark of Kimberly-Clark Corporation, for many consumers, the word has become interchangeable with “tissue.” Other brand names that have fallen victim to genericization include Google, Taser, and Xerox.

Can 2 different companies have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

How much does a trademark lawsuit cost?

Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.

What happens if you use a trademark without permission?

United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.

What do you do if someone uses your logo without permission?

If you suspect someone is using your company name or company logo without permission, you have to prove it. A court of law takes many things into consideration when hearing a trademark infringement case. The first thing they’ll do is apply the “likelihood of confusion” test.

What do you do if someone uses your logo?

After discovering that your design has been used by a third party without permission, try to contact the offender and send a request to stop infringement. It is recommended to include a time limit to respond, so you know when to take another step to stop infringement if necessary.

Can a person register a trademark?

The trademark must be applied for under the actual owner’s name. The owner of the trademark is the person who controls the nature and the quality of the goods sold or the services rendered under the trademark. The owner can be an individual.

What happens to a trademark if it becomes too generic?

The trademark loses its legal protection, and any competitor can use it to promote their products. The brand name loses value and distinctiveness, and advertising the product becomes harder. Genericide often leads to a loss of sales.