Your trademark is likely one of your most valuable business assets as it works to establish your brand’s identity in the competitive marketplace. So there should be no question as to why you would want to preserve its value and effectiveness from third-party infringers. Without further ado, please continue reading to learn how to protect your trademark from any infringement attempts and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can be in your corner.
What initiatives can I take to protect my trademark from infringement?
If you have not done so already, we ask that you drop everything to officially register your trademark with the United States Patent and Trademark Office (USPTO). This is because this formal protection allows you to take legal action via a trademark infringement claim should a third party use your mark or a confusingly similar mark without your permission if worse comes to worst.
In the meantime, though, you should frequently and actively research the marketplace for any potential cases of an infringing mark. This may consist of researching the USPTO website for recently registered marks, reading through industry publications for the same or confusingly similar marks, or searching the web or brick-and-mortar stores for any “knock-offs” of your trademarked products and services.
Understandably, all of this may be challenging to keep up with on your own, especially when you try to operate and manage your business successfully. This may be made easier, though, if you entrust a lawyer with your intellectual property portfolio and conduct this frequent research on your behalf. We may have the tools and resources to identify issues that may miss yourself.
What recovery can I get from a successful trademark infringement claim?
Regardless of whether a third party infringed upon your trademark intentionally or unintentionally, it may have hurt your business’s success all the same. This is why we strongly urge you to seek the recovery necessary to build your business back up via a trademark infringement claim. After all, this is a benefit afforded to you when officially registering your mark with the USPTO. If the outcome is in your favor, you may be able to recover any or all of the following damages:
- The profits the defendant earned from using your infringed trademark.
- The profits you lost after the defendant unfairly competed against you.
- The lawyer fees and court fees incurred from having to litigate this trademark infringement.
- Injunctive relief, a court order that refrains the defendant from infringing on your trademark again.
- Treble damages, a legal remedy that awards you three times the actual damages if the defendant acted in bad faith.
To conclude, you must be fully equipped to enter your trademark infringement claim proceedings. Your preparation is incomplete without hiring a skilled Essex County, New Jersey intellectual property lawyer. Contact The Ingber Law Firm today.