Question: Can You Sue Someone For Trademark Infringement?

Can two businesses have same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern.

However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name..

What is the difference between trademark infringement and trademark dilution?

Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark nor is there any need to show competition between the goods of the plaintiff and the defendant. … A dilution claim can be brought only if the mark is “famous”.

What are the penalties for trademark infringement?

The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It’s also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.

Can you sue someone for using your business name?

Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.

What happens if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

How do you stop someone from using your business name?

How to Protect Your Brand and What to Do If Someone Steals itProtect your unique brand name / logo. If you have a unique brand name or logo, protect it. … Make a paper trail. … Watch for trademark violations. … Keep your domain. … Trademark your new name BEFORE releasing it. … Register your new domain. … Announce the change.

Can logos be used without permission?

A person or company should never use a trademark or logo without written permission from its owner. … However, even then, third parties cannot use logos without a specific agreement. More than that, trademarked companies often have resale policies for their products.

What happens if you don’t enforce your trademark?

For many companies, trademarks are important business assets built through goodwill and reputation. … However, a failure to enforce a trademark by monitoring the mark for misuses will result in a weakening of the mark and loss of distinctiveness, which can lead to a loss of the trademark.

What is trademark infringement examples?

Examples of trademark infringement cases include instances in which one company sues because it contends that another company is profiting from its trademark without approval.

How much does it cost to sue for trademark infringement?

Now consider the cost of suing. 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.

Thus, trademark law allows your business to sue the infringer for money damages, as well as for a court order to prevent further infringement.

Can you fight a trademark?

How can I challenge a trademark registration or application? … You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

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.

How do I protect my logo without a trademark?

In the United States, you don’t have to register copyright and trademark. You own copyright as soon as you put your work on the paper or on the computer so as the trademark just when you started to use name or logo for business promotion.