Question: Can You Sue If Someone Uses Your Trademark?

How do I report someone for trademark infringement?

The only way to report trademark infringement is by filing a lawsuit.

Upon proving that a trademark has been infringed upon, there are several ways to rectify the situation: Issuance of a court order requiring the infringer to discontinue use of the mark..

How long does a trademark last?

10 yearsA registered trademark is valid for 10 years from the date of registration, and can be renewed every 10 years. To renew a trademark the owner must pay a government renewal fee. In general, renewal requests will only be accepted six months before or after a renewal deadline.

What happens if you infringe on a trademark?

Under an injunction the registered trade mark infringer will be required to cease using the infringing sign. The court may, at the option of the registered trade mark owner, grant the registered trade mark owner damages or an account of profits.

Is there an annual fee for trademarks?

With both methods, applicants will need to consider the fees for application and registration. There is no longer a fee to register your trade mark. However, if you applied before Monday 10 October 2016, you will still need to pay a registration fee when your trade mark has passed examination.

How much does it cost to trademark a saying?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney’s assistance, the cost averages around $1,000 to $2,000.

Can I sue someone for using my business name?

Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization. Note that companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes.

How much can you 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.

What happens to trademark when company closes?

What happens to the company’s trademark after a company shuts down? … By definition under U.S. law, the trademark right only exists to identify the company as the source of the goods/services it offers under that mark. So if there is no company, and no goods/services from that company, there can be no mark.

Can two companies have same name?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

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 happens if someone trademarks your name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

How do you win a trademark infringement lawsuit?

To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or …

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).

What can you do if someone uses your trademark?

If you believe someone is infringing on your mark, an attorney will first send a cease and desist letter on your behalf, demanding the other user to stop using your mark. If that’s unsuccessful, you can file a lawsuit (most likely in federal court) to stop the use.

Can you go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

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.

What is considered a trademark infringement?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

When should you trademark your name?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.