What Happens If You Steal A Trademark?

Can someone steal my trademark?

If you have a unique brand name or logo, protect it.

It is a simple thing for someone to snatch it out from under you and claim ownership of it.

Your first step should be to register the name as a trademark.

You can do this online through a number of services or hire an attorney..

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.

Can there be two trademarks with the same name?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). The guiding principle is consumer confusion. If the two marks identify different products and operate in different markets, consumers are not likely to be confused.

1. Copyright Infringement Lawsuit. … Once your work or design has been registered with the Copyright Office, consider filing an infringement suit against your infringer. If successful, you can recover money damages in the amount of the monetary damages to your business and brand as well as your infringer’s profits.

Can you be sued for trademark infringement?

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 you sue if someone uses your trademark?

If you suspect your trademark is being infringed, then you should consider taking action. … The ultimate objective with legal proceedings is to prevent further unauthorized use of the trademark by the infringer. Not only that, but you may also seek compensation in the form of damages or an account of profits.

How long does trademark last?

ten yearsYour trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after. You will need to pay extra fees if you renew after the due date.

Can I trademark a business name already in use?

A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

Can I put a Nike logo on a shirt?

Trademarks, names or logos for companies. For example you can not use the name Nike, Nike “Just Do It” or the swoosh logo.

Logo theft is a violation that occurs when one party steals or uses another party’s trademarked logo without their permission. This is a more specific term for trademark infringement, and can take many forms. … One party stealing the template from a company’s business logo and using it for profit.

What happens if someone uses my 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.

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.

How much does it cost to trademark?

Provided that you are selling your goods at the time of the trademark filing, your total cost of registering a trademark will be the flat legal fee of $950 and US Government filing fee of $275 per class. Therefore, for a single class application the total cost of the process will be $1225.

How do you win a trademark case?

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 …

Basics of Trademark Infringement Trademark infringement is the unauthorized use of another person or company’s registered trademark. … In such a situation, Apple could sue for trademark infringement. Not only could it win a court order requiring that you stop infringing, but it could also win money damages.