A trademark is an image, imprint or logo intended to represent a brand. Large companies with many subsidiary brands and local businesses alike use trademarks as part of their marketing efforts.
Trademarked images and logos may appear on business signage, product packaging and social media pages. To consumers, trademarks are often synonymous with the brands that they represent. Therefore, trademark infringement can be incredibly damaging for businesses.
Companies that uncover trademark infringement may need to be proactive about enforcing their rights.
Document the infringement
Trademark infringement could entail creating knockoff products with confusingly similar trademarks on the package. Other times, someone may start a parody website or social media page using the trademark of an existing brand.
Whatever form the trademark infringement takes, evidence that it occurred is of the utmost importance. Photographs of knockoff products with trademark infringement on their packaging and screenshots of websites or social media pages misusing a trademark can help prove that infringement occurred.
Communicate with the other party
Identifying and locating the infringing party are important components of the enforcement process. Typically, the business that holds the trademark sends a cease and desist letter. They may also serve the infringing party with demands or paperwork for a lawsuit.
In some cases, the infringement may have been unintentional, and the other party may agree to stop or even to provide compensation. Other times, taking the matter to court is the only way to prevent further infringement and obtain compensation for the harm caused by prior infringement.
Consulting with a lawyer familiar with intellectual property and trademark regulations can help resolve disputes related to infringement. Organizations facing trademark infringement generally need assistance when seeking to protect their branding.