How Are Trademarks Enforced?

A: If you have registered a trademark in New York, then you may have to protect that trademark against infringement. To do so, there are various courses of legal action that you can choose to take. As the owner of a federally registered trademark, you can sue the infringing party in a state or federal court. The same course of action may be available for an unregistered trademark.

To prove infringement upon a trademark in New York, you need to show the use of a reproduction, copy, or colorable imitation of a registered trademark: 

• In commerce
• In connection with the sale, offer for sale, distribution, or advertising of any goods or services
• That is likely to cause confusion, mistake, or deception as to the source of the products or services 

Remedies for infringement upon a trademark in New York include: 

• Injunction - This prevents the infringer from continuing its use of the confusingly similar trademark
• Monetary recovery - The plaintiff may recover financial damages that were suffered due to the infringement
• Other remedies, such as confiscation and destruction of the infringing articles 

If your trademark in New York has been infringed upon, then you can take legal action with the professional help of a New York business attorney.

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