What Constitutes Infringement?

You first want to determine whether you can make a case for infringement on your trademark. You will need to determine several factors:

• Are the trademarks the same?

• Are they in the same country?

• Are the geographical areas of protection the same?

Should any of your answers to these questions be no, it is unlikely, they are infringing on your rights. Just because another party is using a similar trademark, does that mean you can go after them? 

Suppose they are selling products and services different than yours under a similar mark in another geographical region than where you have protection. In that case, you likely should not waste your time pursuing litigation.

What If the Answer Is Yes?

If you answer yes to any of these questions, diving deeper into the situation is probably worth the effort. You want to retain an attorney or trademark agent to review the conflict and recommend appropriate action.

Usually, you will issue a demand letter if you are confident you can prove infringement on their part. A demand letter expresses your findings and concerns, explaining what you want them to do and what you will do if they do not comply.

Ultimately, should they not respond or refuse your advice, the two of you will face each other in court, where the infringing party will lose when you prove your case.

We Can Help

While Trademark Factory® does not police your trademark for infringement, we can help you evaluate that potential. When you become our client, we take your trademark and brand seriously. We are always here to help our customers succeed and maintain their brand identity and trademarks to the best of our ability.

Contact us today to learn more about what we can do for you, and your brand.