You may be so consumed with your business operations that you barely have time to scout out others and their potential infringement of your original mark. Plus, trademark infringement is not always as obvious as you would assume. Without exactly knowing what does and does not count as infringement, the last thing you want to do is initiate a legal battle with someone that is ultimately unnecessary and invalid. If these are your top concerns, please read on to discover the ways you can identify whether trademark infringement is happening to you and your intellectual property, and how a seasoned New Jersey trademark lawyer at The Ingber Law Firm can help protect what rightfully belongs to you.
How do I know if trademark infringement is happening to my intellectual property?
First of all, by definition, trademark infringement is when a third party uses a name, logo, slogan, or other brand identifier that is the same or closely similar to yours, to the point that it would easily confuse the average consumer. Having that description in mind, you may ask yourself the following questions to determine whether trademark infringement is indeed happening to your intellectual property:
- Have consumers asked you if a third party’s products or services are affiliated with your business?
- Does a third party use colors and packaging designs that are similar to yours for similar products?
- Does a third party use a web address or social media handles similar to yours for similar products and services?
- Does a third party sell products and services with a similar mark in marketplaces that overlap with where you sell?
- Did you publicly use the mark first, and did you officially register with the U.S. Patent and Trademark Office first?
What initiatives should I take to monitor potential trademark infringement?
If your answers to any or all of the above questions are “yes,” you may have a valid reason to believe that you are being made the victim of trademark infringement. With this, you may choose to send a cease and desist letter to the third party, negotiate a licensing agreement with the third party, or file an intellectual property lawsuit against the third party. But before it gets to this drastic point of litigation, you may monitor for potential trademark infringement in the following ways:
- Set up online alerts for when your brand name/slogan or similar variations of it appear on blogs, websites, and news stories.
- Search social media regularly for handles, hashtags, captions, photos, and videos that are similar variations of yours.
- Navigate e-commerce marketplaces for posted products and services for sale that are similar variations of yours.
- Use an online platform that searches for new domain name registrations that are similar variations of yours.
As soon as you find yourself in potential legal trouble, you must retain representation and advisement from a competent Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm. You should not have to go through this legal battle alone; we are here to help you.