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If you are looking to take action against a case of trademark infringement, contact our Michigan trademark infringement lawyer today. If an individual or company is using a name, logo, or other type of branding that is identical or similar to your trademarked brand, you may have a case of trademark infringement. Our lawyer will help you take action against the infringing party by seeking an injunction against them and their illegitimate use of your trademarked brand. In some cases, it may be possible to recover damages for the financial loss that the infringement has caused your brand or business. To discover how best to move forward with your specific trademark infringement case, contact us at Trademark Lawyer Law Firm today to schedule a consultation.
Our Michigan trademark infringement attorney knows how frustrating it can be when another individual or business uses or illegally imitates your trademarked name, logo, and branding. It can cause confusion for your customers or clients, limit your own business, damage your reputation, and potentially impact profits. If this has happened to you, you may have grounds to take legal action against them. The first step is often to draft and send a trademark cease and desist letter, something that our lawyer can assist you with. A cease and desist letter represents an attempt to resolve the matter without the need for litigation. It alerts the infringing party that they are participating in illegitimate or illegal actions and lets them know that legal actions will be taken if they do not cease their infringement.
A good cease and desist letter is carefully prepared and crafted to represent your specific situation. It often includes an explanation of your trademark, details of the infringing activity, an explicit demand that the infringing activity cease, a time frame for the infringing activity to cease by, and the legal action that will be taken if it does not cease. Our trademark infringement lawyer can draft a thorough cease and desist letter on your behalf.
If the infringing party ignores your cease and desist letter and continues with their infringing activity, our MI trademark infringement lawyer is prepared to assist you through litigation. This means taking your case to either state or federal court in order to seek an injunction that orders the infringing party to cease their infringing activity. In some instances, you may also have a case to seek a financial award representing the damages that you have incurred or the profits that the infringing party made while using your trademarked branding and identity.
When seeking to stop trademark infringement, having an experienced and specialized lawyer on your side is invaluable. Our trademark infringement lawyer has knowledge of the laws and processes related to trademark infringement and experience assisting clients with trademark infringement cases. We are prepared to fight hard to ensure that your rights are protected. To discuss your case with a lawyer, contact our team at Trademark Lawyer Law Firm today.
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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