How to Handle a Trademark Infringement Notice?

May 17, 2022

Trademark infringement can happen unknowingly or by mistake, but the claim itself doesn’t differentiate. Attorneys are there to help you when you’re hit with a notice, but ultimately the responsibility of handling one lands on your shoulders.

Trademark infringement is severe and can lead to cease and desist letters in most cases. Law firms can help you with most of it, but you’ll need a fair amount of knowledge to comprehend and handle the situation correctly.

What Is a Trademark?

A trademark is a sign, design, or expression that distinguishes a company from others. It’s the intellectual property of a company used to identify itself.  

The Three Denotations of a Trademark Are:

1. Unregistered trademarks with TM in the superscript

2. Unregistered service marks with SM in the superscript

3. Registered trademarks with R encircled in the superscript

What Is Trademark Infringement?

Trademarks offer exclusive rights to their owners making it illegal for anyone else to use them without a license. A trademark infringement notice is given when a trademark is used incorrectly or illegally. Competition can confuse a particular product or company’s customer base by copying or imitating a famous company’s trademark. The designs, signs, expressions, if too similar, will come under trademark infringement, leading to legal action

How to Handle a Trademark Infringement

Analyze the Situation

Infringement can happen without knowledge as the design or expression can be created similarly for similar products or services without prior knowledge.  

Many trademark firms offer a free consultation, and you can talk to them and analyze the options attorneys give you. Trademarks are a vital part of a company’s reputation, and in a critical situation, you might have to change yours to protect yourself from legal damage.

Verify the Claim

Competitors can try to claim allegations to challenge you. Such claims can be baseless in most cases but still require hiring an attorney to deal with them. Trademarks are public, and you can compare them yourself before proceeding any further.

Do Not Negotiate on Your Own

Many people verify claims via mail by negotiating on their own, leading to a disaster. Until your lawyer confirms the situation, you should avoid communicating with the person who sent you a notice. Even if the claim is just a warning, you should consult with an attorney before replying.

The correspondence can be a potential trap and lead to numerous issues down the line. If you didn’t do anything wrong, don’t automatically try to explain to the other person and wait for your attorney to draft a reply. The laws governing trademarks can sometimes be tricky, and that may cause you significant losses unknowingly down the line.

Hire an Attorney

Contact an attorney once you have received the notice. Tell them the whole situation and let them know if the claims are valid at any point in time. Your attorney is your first point of contact with the court, and you’ll need to be honest with them and share all information you have.

If someone from your team didn’t copy the design, the attorney could quickly settle things. The attorney will comply with the state laws and set you free with the most viable solution. However, you should always prepare for changing the designs, signs, and expressions if the claim turns out to be true.

Tackle Trademark Infringement Easily With Experts

Trademark Engine helps clients with all their requirements. If you face any issue with an infringement notice, you can always call us for a consultation at (877) 721-4579 or by clicking here. Our expert analysts will help you with all your trademark needs and work through the claims posed to you