When you created your trademark, you went out of your way to make sure you weren’t taking anything that belonged to someone else or looked like someone else’s. A good trademark is crucial because it helps consumers know who they’re buying goods or services from. If trademarks are too similar, then customers might buy from a company that they didn’t intend to buy from.
As a business owner, you must protect your trademark. As you know, your branding can make or break your business, so having the appropriate trademark for your business matters.
What should you do if you believe that your trademark has been infringed upon?
If you believe that your trademark has been infringed upon, you should first make sure that you’re right. For example, you’ll need to make sure that you:
- Did not grant a license to use the trademark to another business or individual
- See an identical or nearly identical trademark in the same industry. For instance, if you have an ice cream shop called “Twisty’s” and a gym in another area calls itself “Mr. Twisty’s Ab Workshop,” you shouldn’t have to worry about confusion taking place.
- Know if the use is permissible by law. For example, if someone is referring to your product or service accurately to sell it, this may be legal.
If you do find that someone else is using your trademark (or one that is very similar) in your industry, then it may be time to ask your attorney about reaching out to the other company about the concerns you have. There may be a simple resolution that doesn’t require litigation, but if you do need to go to court, your attorney will help.
