The decision to litigate against someone for using your trademark is not one to make lightly. Nonetheless, it is sometimes necessary to do so.
The following three things can increase your chances of a successful resolution.
1. Ensure that there was trademark infringement
Business owners sometimes believe they have solid legal grounds to take action over the use of their trademark when, in fact, they don’t. One instance might be if you bought a company or took over control of it from someone else and just did not realize that the previous people in charge had licensed another party to use something for a specific purpose. Another example might be if the other party used a logo that seems identical to yours, but, on closer inspection, is different enough to likely be acceptable.
2. Gather evidence
Once the other party knows you intend to take them to court, they might be quick to remove or destroy any material that could be used as evidence. You’ll need evidence to show a court why your complaint is justified, so the sooner you start collecting it, the better. You should also make sure your search for evidence is thorough. The better the quality is, the stronger your case will be.
3. Consider the bigger picture
You’ve likely seen cases in the news where a large corporation threatens a small family enterprise over an alleged infringement on their trademark. While the corporation usually gets its way without even needing to go to court, that action can live long in the memories of many people. Those loyal to the family business might boycott the corporation’s products, and it might even make the press or TV news, doing great harm to the corporation’s image on a wider scale.
Some trademark disputes can be settled relatively easily without going to court, but sometimes it is the only way. It is wise to seek legal guidance to explore all your options if you believe someone has infringed on your trademark.