Intellectual property can be an important asset for businesses. It can help develop the company’s brand or even create unique sources of revenue from sales and licensing agreements. A company trademark is one of its most valuable pieces of intellectual property available. A trademark represents the brand online, in ads or on packaging. It helps with marketing efforts. Consumers may eventually learn to recognize the company by the trademark alone.
Therefore, protecting a company’s trademark is critical to brand and reputation management. When another business infringes on trademark protections by using a trademark without authorization or creating a substantially similar logo in an attempt to confuse consumers, litigation may be necessary to protect a company.
How legal action helps
Registered trademarks have protection under federal regulations. After organizations register their trademarks with the United States Patent and Trademark Office (USPTO), they can hold others accountable for the misuse or unauthorized duplication of a trademark.
If there is evidence of infringement and the matter goes to court, civil judges have the authority to grant several different types of remedies. The judge can issue an injunction limiting the continued use of a trademark by an outside party.
They can also impose penalties, including awarding damages for the economic impact the trademark infringement has on the trademark holder. There may be other legal remedies available as well, depending on the nature of the infringement and the Practical impact it has on the organization.
Discussing concerns about the misuse of a trademark with a business litigation attorney can help leaders protect an organization’s intellectual property. Prompt action can make a major difference in cases involving intentional trademark infringement.