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Fighting for your rights after trademark violation

If you bought a car and parked it in your driveway, you might be shocked to look out your window and see your neighbor driving off in your vehicle without your permission. Your vehicle is your property, and you have the right to protect your property and use it as you see fit.

Your registered trademark is also property, and it is yours to protect. Your trademark identifies a product or service as uniquely yours. Ideally, when customers see your trademark—whether it is a word, phrase or symbol—they recognize the product and choose it over others that are similar. However, when other companies use your trademark to sell their products, this is a violation of your intellectual property rights.

Responding to a trademark violation

Understanding your rights as a trademark owner is critical. You may lose valuable time and advantages trying to learn about your rights after you discover an infringement on your trademark. When you understand and recognize a violation of your intellectual property rights, you can take certain steps to set things right, including the following:

  • Reach out to an attorney for advice about the best course of action. Your attorney can inform you of the laws and how they apply to your circumstances.
  • Your legal counsel can help you draft a cease and desist order, which will inform the other party of the violation and demand that the other party stop the infringement.
  • In some cases, especially where the violation was unintentional, the cease and desist letter may be all the action you need to take to reach a fair resolution.
  • When the other party refuses to comply with your demands or you have suffered damages from the infringement of your trademark, you may decide to take the matter to court.
  • A successful court case will include an order for the other party to stop using your trademark and to recall and rebrand any products that still carry your trademark.

From this point on, you can take additional precautions to prevent future violations of your intellectual property. For example, do not let your trademark fall into disuse so that others believe it no longer exists. Market and promote your product widely to make your trademark more recognizable. It is important to be vigilant about monitoring your brand and remaining alert to potential violations of your rights. A skilled Texas attorney can be an invaluable asset in fighting the violations and protecting your trademark.

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Sturm Law PLLC
712 Main Street Suite 900
Houston, TX 77002

Phone: 713-955-1800
Fax: 713-955-1078
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