The Manual That Every Trademark Owner Needs
There is plenty of information out there about why you should register your trademarks. There isn’t much out there about what to do with a trademark registration. So, our firm’s Trademark Group put together a concise Trademark Owner’s Instruction Manual, in the form of a brochure. This Manual will help a trademark owner understand:
1. The scope of your trademark rights.
2. What to do when someone is infringing your trademark.
3. How to size up a trademark infringement dispute.
4. How to maintain your trademark rights.
By way of example, section 2 of the Manual explains:
Monitor Third Party Use of Your Marks
Sitting by while your competition uses a mark similar to yours can significantly harm your rights. You should use an effective monitoring system for your marks that, at a minimum, includes:
- Setting up a Google® alert
- Checking the USPTO’s Trademark Gazette
- Checking the TTB’s Public COLA registry
- Checking alcohol beverage enthusiast websites
Stand up Against Unauthorized Users
Nobody is going to enforce your rights for you (unless of course you pay them to). The USPTO should refuse applications for similar marks for similar products, but there are no guarantees. Before taking any of the below actions, assess the scope of your rights and the validity of your dispute using Section III.
Options for enforcing a trademark include:
- Reach out to the other party yourself
- Send a cease-and-desist letter
- Oppose/cancel an application/registration
- Negotiate a coexistence agreement
- Sue for infringement and/or dilution
- Seek injunctive relief (forcing them to stop the infringing activity