Companies establish trademarks to protect the names, words, devices or other means to represent their brand. Companies have a lot of pride in their products and their brand so it is important to take action to protect your trademarks.
However, how aggressively should you defend your trademarks? Some companies may feel like they should do whatever they can to protect their trademark, even to the point of potentially harming their reputation. In this post, we will discuss what to consider when you run into trademark issues.
If another individual or company is using your trademark, you have a few options to try to resolve the issue. The first option is to take is sending a cease and desist letter that threatens legal action with financial implications. This can show the other party that you are taking the matter very seriously and can result in your trademark not being used. However, it may also negatively harm your relationship with your customers in some cases.
Another step you can take instead of immediately pursuing legal action is having your attorney find a resolution with the other party to resolve the matter on positive terms. This may be a suitable option depending on each scenario. However, it is important to work with an attorney to ensure your trademark and business interests are still being protected.
Protecting and defending your trademarks is a serious matter. It is important to carefully evaluate all of your legal options before filing a lawsuit that could harm your reputation with your customers as well as with other business partners.
Working with a business attorney can help review your specific case and guide you through all of your options.
Source: FindLaw, "How Aggressively Should You Defend Your Trademarks?" Christopher Coble, April 13, 2015