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Posted on 2/2/2011 - Franchising Documentary Damages Cold Stone Creamery Franchises...
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Trademark Value and Goodwill (Part B)
What if someone infringes upon my trademark?
If someone infringes upon your federally registered trademark, you can send them a letter to "cease and desist" from the continued use of that registered mark. If that person or business does not cease and desist, you may choose to file an infringement lawsuit. To do so, you should get the help of your New York business attorney.
In a trademark infringement lawsuit, you may recover damages for any harm done to your business's reputation.
Can I license the right to use my trademark?
Yes, you may license the right to use your federally registered trademark. This is especially important if you plan to start franchising your business. When you franchise your business, you can sign a licensing agreement with your business franchisees, which will allow them to use your mark in connection with the sale of goods and services.
The benefit of this is that when you license your federally registered trademark, you can maintain control over how your mark is used. A New York business attorney can help you write your licensing agreement, which will establish a list of permissions and restrictions. By doing so, you can continue to protect the goodwill that is associated with your trademark.
Can I reassign the ownership rights to my trademark?
Yes, you can reassign the rights to a federally registered trademark. To do so, you will need to contact the Assignment Division of the USPTO. You will also need to pay an associated fee.
Contacting a New York Business Attorney
Before federally registering your trademark, you should consult a New York business attorney. An experienced attorney can conduct a thorough search for conflicting marks, assist you with your forms, and help you through every step of the trademark registration process.
If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your Franchise Disclosure Document (FDD). For a limited time, get New York franchise attorney Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs in franchising their business nationwide.
IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Charles N. Internicola, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. Further you acknowledge that any and all citations to cases and statutes must be independently verified by competent legal counsel to confirm the validity and accuracy of such information. The content of this site is subject to the Copyright of its author and owner, Charles N. Internicola, Esq.
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