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The scenario: You’ve chosen your business mark, and you’re using it. Suddenly you start getting complaints about your product or service – but they’re not coming from your own customers. You run across your brand on the Internet – but it’s not your website.
The solution: Call Olive & Olive to enforce your trademark rights.
Fortunately, if the infringer is in the United States or affecting commerce here, the odds are good that your rights can be protected, even if you’ve neglected to register your mark. Registration helps considerably, as we discuss here. But all isn’t lost if you haven’t gotten around to it. That’s because the U.S. recognizes common law trademark rights, which are based on use.
The trademark attorneys at Olive & Olive will evaluate your case and advise you as to your best course of action.
Sometimes, all it takes is a letter. Sometimes an administrative proceeding in a trademark office or before a domain tribunal is best. And sometimes a lawsuit is the only way to get resolution.
What’s important is that you know your options so you can make an informed decision. That required the help of a knowledgeable trademark attorney, one well-versed in intellectual property disputes and intellectual property litigation.
Don’t try to fix the problem yourself. If you fire off a letter without considering all the ramifications, you might make things worse. You could make statements that come back to haunt you. You might cut off certain avenues of relief. You could even find yourself in court defending a declaratory judgment action in some far-distant state, costing you more time and money than you can afford.
The wiser move is to pick up the phone and call Olive & Olive. We’ll take it from there.
If you find yourself on the defensive end of a trademark dispute, there’s even more reason to call us immediately.
Let’s say you’ve gotten a cease and desist letter. Your first temptation might be to fire off an email or letter denying the accusation. Rarely is that a good move. Anything you say or write can be used against you. Your response to the letter – or to similar accusations – needs to be legally sound, factually correct and carefully worded. Otherwise, it could end up hurting you.
We will know how to respond. The accusation may be entirely wrong. There may be defenses you’d never thought of. Or – and this is rare – you may be up the creek without a paddle even if you thought you did nothing wrong. Regardless, you need to know where you stand before deciding what to do.
Since 1957, Olive & Olive has been handling trademark matters. We’ve worked on thousands of disputes. We’ve helped countless clients enforce their trademark rights, and we’ve defended other clients against accusations of trademark infringement.
We draw on our wealth of experience to give our clients sound advice about their rights and potential liabilities. We apply business sense to help them set realistic goals and devise winning plans.
Worried about protecting your trademark rights? Contact the trademark enforcement attorneys at Olive & Olive and sleep easier tonight.