How the Courts Protect Trademarks (Part B)

Protecting a Trademark from Others

When protecting a trademark, the first step you should take is to send a cease and desist letter. You should send this to any person or business that infringes upon your registered trademark, and demand that they stop using the mark. A New York trademark lawyer can help you to draft and send this letter.

If you send a cease and desist letter, and the wrongful user continues to infringe upon your mark, you and your New York trademark lawyer can file a lawsuit to stop them from infringing upon your property. If the infringement occurs in more than one country, you must file this suit in a federal court. If the infringement occurs locally, a state court may settle the dispute.

While the primary goal of the lawsuit is to prevent the other party from using your trademark, your New York trademark lawyer may also be able to obtain compensation from the infringing party.

Recovering Damages After Trademark Infringement

When protecting a trademark, you may be able to demonstrate that the infringement hurt your business economically. If this is the case, a court may decide to award you financial compensation. The amount will be based on the amount of damages you suffered because of the infringement.

If the court determines that the infringing party intentionally copied your mark, or that they should have been aware of your trademark, they may have to forfeit the profits they realized while using your mark. Furthermore, they may be ordered to pay punitive damages, fines and the necessary attorney's fees for your New York trademark lawyer.

Protecting a trademark is an important aspect of running a successful business. To learn whether you have cause to file a lawsuit to protect your U.S. trademark, you can consult a New York trademark lawyer. A New York trademark lawyer can investigate your case, and represent your interests in a formal court of law.

When to Contact a New York Trademark Lawyer

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