If you are the owner of a trademark, you should be aware of the responsibility that comes with it and how you can handle potential problems. Specifically, you should know what to do when trademark disputes arise.
It may well happen that someone tries to replicate your brand in an unlawful way, and you should be prepared to take the correct course of action if this happens.
In the following sections, we will discuss what to do if you face a potential trademark infringement. Knowing the steps to take at each phase of the process is essential to maintaining your brand.
1. Be sure that there really is an infringement
The last thing you want to do is take someone to court who is not actually acting illegally. Before you take action, be sure of the following things:
- Be sure that you didn’t allow the party to use your trademark. If you granted someone a license to use your trademark, be sure that you are familiar with the terms of usage. They might be acting within their rights.
- Beware of similarities. It might sound like a rationalization, but there are some similarities when it comes to branding that are actually perfectly legal. How many Antonio’s Pizzas are there in the US with a slice as a logo? Probably a lot. If you are not sure about the level of similarity between someone else’s brand and yours, ask a lawyer.
- Replication might be legal. Some instances of replication are actually perfectly legal, even if you don’t have a contract with the user. Sometimes, for example, another party can use a piece of your logo as a means of comparison to a competing product, and this usage is completely within the law. Again, talk to a lawyer if you’re not sure.
2. Keep Track of Communications and Complaints
As with any legal matter, you should keep close track of all the actions you take related to the infringement. If you do write a cease and desist letter to the patent office, keep a copy of it and make note of the date, as well as any interaction that takes place afterwards.
If you have international trademark registration, you need to be familiar with the laws in the countries where you do business.
Keep in mind that whenever a dispute becomes public, you are putting your reputation on the line.
You may come to the conclusion that this is the case anyway if you face a potential infringement, but it is always good to keep in mind that the public can see things in different ways, and your complaints might tarnish your reputation, as well as that of the other party.
It could happen that people end up liking the stolen version of your brand better than the original. In cases like this, you might win the legal battle but lose your popularity.
3. If You Can’t Beat Them, Think about Joining Them
We’ve all heard this phrase, and there is a distinct logic to it.
Particularly if it does happen that someone steals your idea and makes it better (most inventions are improvements upon things that came before them, after all), it could actually be to your advantage to consider a partnership with the other company.
This may be a painful pill to swallow for people who feel like they put their heart and soul into their invention.
However, if you think about it differently, it could be that the infringing party actually thinks similarly to you, and you could create a great new business by combining forces.
It could also happen that the other party is not a counterfeiter at all but that you decide to do business together anyway. Keep an open mind.
4. If You Seek Legal Help, Know Who You Are Talking to
There are a fair number of crooked lawyers and other so-called “crime fighters” out there who will advertise themselves as being the best in the business.
Don’t just choose an agent for helping your case simply because they have a flashy-looking website and claim to be able to take down the worst offenders.
You could end up blowing your money or even worse: having your own reputation destroyed in the process and potentially losing your trademark.
The process of finding a responsible lawyer is just like finding any other service.
You should do your research, look at third-party reviews, and make sure the person you choose has a good reputation and won’t take everything you have in the process of helping you.
Treat Your Trademark As You Would Your Physical Property
You work hard to create your own trademark. Having received your certification is just the first step in the process; you need to stay on top of things, be sure to renew your registration at the appropriate times, and target any problems in a logical and effective way.
Your trademark is no different from your home; if you don’t take care of it, no one will.