Whether you are a business owner, manufacturer, or independent artist, you should utilize legal methods to Secure Your Trademark. By law, the only ways in which you own a trademark legally is if you register it through the United States Patent and Trademark Office, through your state, or if you connect the trademark to a specific product. The use of a trademark with a product acquires you common law rights. The issue with common law rights to a trademark is that you are limited to a specific geographical region only.
Protecting Your Rights
Infringement is the most common form of violation linked to a trademark. The violator does not have the legal right to use the trademark based on laws that protect your investment. For example, anyone who registers a domain name that includes your trademark are infringing on your rights to the trademark name. This includes using it for products, goods, and services offered. Any violation allows you to file a class-action lawsuit against the violator to protect your rights.
Once registered, no one is allowed to use this name for any purpose without your explicit permission. This does require a contract that details the ways in which the individual may utilize your trademark and which limitations you wish to impose. A contract prevents them from using it for purposes outside of the contract violations open the door for litigation.
Although you are not required by law, you have more legal power over the trademark if you register it federally. Among the advantages of this registration is that you have a solid public record of ownership. You also possess clear evidence that you have rights to this trademark throughout the county, and you have the right to file a lawsuit federally when a violation occurs.
Trademark owners who file a lawsuit have the ability to recover any profits generated by the violator. The owner could also acquire three times the standard monetary damage awarded plus demand that the violator covers all attorney fees. If you wish to Secure Your Trademark from a violator, you should contact Edward L. White, PC, Attorney At Law.
