A trademark is important to your business. It helps your consumers distinguish between companies and assures them of the quality of the product or service they purchase. A trademark also carries the brand identity of your business. It is, therefore, essential to protect it against abuse by other parties, knowingly or unknowingly.
American trademark laws recognize the first entity to use a trademark in commerce as the owner, regardless of whether they have registered it or not. However, it is important to register your trademark to enforce it and safeguard the interests of your business legally.
Registering your trademark is not enough
Once you register your trademark with the relevant authorities, it is up to you to monitor for any infringement. You can do this by doing your bit of research online and seeing if anything related to your trademark comes up. In addition, regularly checking the U.S. Patent and Trademark Office (UTPO) official gazette for potentially infringing trademarks that have been published for opposition. Again, doing your due diligence will go a long way in monitoring any violations of your trademark.
It is crucial that you know the steps to take in protecting your trademark. Usually, trademarks are enforced by sending a cease and desist letter to the infringer. In most cases, the letter will be enough to persuade them to leave your brand alone. However, if the situation persists, you can seek legal recourse. If they intentionally used your trademark, they may have to compensate you in addition to paying the legal fees involved.
Be well prepared to deal with any form of infringement
Anticipating any technicalities that may arise in your case will ensure that your business interests are well secured. You can do this by learning more about the legal world of trademarks and your rights as a business owner.