Lawyer up. Depending on the specifics of the situation, you could potentially be entitled to recover damages for the infringement. You can work with a pro bono lawyer or a lawyer providing low-cost services to inventors and startup businesses, as discussed in this post by the USPTO. Usually, the first step in resolving an incident of trademark infringement is issuing a cease and desist letter. This is a letter from your lawyer to the party infringing on your trademark asking them to stop.
This is what happened when Apple Corps and Apple, Inc went to court in over their similar names. But how do you know if your trademark is being infringed?
Read our article on how to check if your design has been copied , where we explain the tools and strategies you can use to find out if your trademarked design is being used without your consent. But before you can file for a trademark, you need to have a unique logo to trademark! This article was originally written by Melissa Jenkins and published in It has been updated with new examples and information. Our newsletter is for everyone who loves design!
Let us know if you're a freelance designer or not so we can share the most relevant content for you. By completing this form, you agree to our Terms of Service and Privacy Policy. Designers, check out these contests so you can start building your career. Get a design. Trademark basics The process of trademarking a logo Owning and protecting trademarks Trademark basics — What is a trademark?
Illustration by OrangeCrush Registering a trademark with the USPTO grants you the following rights and protections: The right to take legal action against alleged infringement of the trademark in federal court.
The public is notified of your trademark registration. It paves the way for you to register your trademark in other countries more easily. You may prevent the importation of foreign goods that infringe on your trademark. Is a trademark enforceable around the world?
Who owns a logo trademark? Olive oil logo design by olimpio. Restaurant logo design by Veerle. Want to get the perfect logo for your business? Work with our talented designers to make it happen. Get a logo. You're in! Information conveyed in this communication is general information only and does not provide legal advice or opinions.
The information conveyed in this communication should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation.
The information conveyed in this communication may not reflect the most current legal developments. Damages refer to how much money the company or person lost due to confusion in the marketplace. Before using any type of mark, be sure you search extensively to avoid infringing on someone else's trademark.
It's also your decision if you want to use the registered mark, as this isn't required. The only legal requirement around its use is using it after your trademark application has been approved.
Using it before the approval comes through is against the law. Not using the registered symbol on your mark comes with some risk as well. Without an indication that the mark holds trademark protection, someone else might use it.
That person could even try to file a trademark application on a similar mark. While it likely won't be approved, it still wastes time and money for everyone involved.
It's also much more difficult to provide trademark infringement if the defendant states that he or she didn't know the mark had trademark protection. Using the registered symbol serves as a way to inform all who see it that it is registered with the USPTO.
It will also hold up well in court if the infringer tries to claim that he or she had no knowledge that you held the trademark on the mark.
Using the TM symbol is a matter of personal preference. It doesn't mean anything from a legal standpoint, so it won't hold up against someone trying to copy your mark. But it does bring awareness to your competitors, so that may be worthwhile to you. Using TM also doesn't require much work nor does it have a cost associated with its use, so it makes sense to add it to the mark. The legal restriction is around using the registered symbol before your trademark receives approval from the USPTO.
A trademark application could take between 6 and 16 months to process, so during the time in which your application is pending, you may only use the TM symbol. Upon approval, you can immediately start using the registered symbol.
You don't have to register your trademark, although this comes with some risk. Other companies could create something similar, then file an application for a trademark. If the USPTO isn't aware of your mark, there would be no reason to reject the application from your competitor.
If the application goes through, you could end up infringing on the trademark rights of your competitor. You could also lose out on the option to use the mark at all in the future.
Five years after you register a trademark , the mark becomes incontestable, which means that you hold clear evidence of your right to use that mark. Incontestable trademarks hold more protection against infringement and limit the defenses that someone infringing on the trademark can raise. If you don't use the TM symbol on your logo, symbol, design, phrase, or word, your competitors may not know that you're claiming this for your business.
Some companies use multiple logos to test the water, so it's hard to know for sure which one they plan to use as the main option. But with a TM at the end of the mark, there is no question that this is the one that will represent the company. If you don't use the registered mark, you may lose out on the right to take legal action against someone who infringes on your mark. Without that clear indication that you hold trademark protection, a company owner could argue that he or she never knew.
One common mistake is believing that the TM and R symbols are interchangeable. Anyone can use the TM symbol without legal repercussions.
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