Your trademark is a valuable asset. If you think your Intellectual Property is being infringed upon, you should seek legal help immediately. Even if you do not have a registered trademark, you may still have the benefit of legal protection.
How can you make sure no one else is using your trademark?
There are third-party monitoring services that can alert you when someone tries to use a trademark that is similar to yours. You can also use reverse image search on Google to search the internet yourself on a regular basis.
Who has superior rights with the same trademark if neither are registered?
In this situation, both parties may have common law rights in the areas in which they do business. Generally, however, if the areas overlap, then “prior rights” may be deemed to be owned by the party that can prove they used the trademark first.
Should you register your trademark?
Registering your trademark will give you more peace of mind and legal protection because registration puts the world on notice that you own the trademark. The times it takes to obtain registration varies, but it usually ranges between nine and eighteen months. A trademark attorney may help shorten the application process, as there can be many pitfalls in the initial application process.
Do you need a trademark attorney?
If you are facing trademark issues, whether a dispute or the need for registration, it is important to work with an experienced attorney. If you or someone you know needs assistance in navigating through one of these or any other intellectual property issues, please schedule a meeting with one of our attorneys today.