Question: Can You Sue Someone For Using Your Trademark?

Can I use TM without registering?

The (TM) symbol actually has no legal meaning.

You can use the symbol on any mark that your company uses without registering it.

The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO..

What are the three types of trademarks?

What are Types of Trademarks? A trademark offers legal protection for a word, symbol, phrase, logo, design, or combination of those that represents a source of goods or services. Types of trademarks for products include five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark.

What are damages for trademark infringement?

Federal trademark infringement is governed by the Lanham Act. Under that statute, a trademark owner may recover three broad categories of monetary damages: actual damages, disgorgement of the defendant’s profits, and attorney fees and costs.

How do you get around a trademark?

Here are five steps small business owners can follow to avoid a trademark infringement lawsuit:Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. … Enlist help. … Consider general liability insurance. … Register your trademark. … Document your findings.

What happens if you use a trademark without permission?

United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.

What do you do if someone steals your trademark?

The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.

Can you sue someone for using your business name?

Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.

Can logos be used without permission?

A person or company should never use a trademark or logo without written permission from its owner. To get permission, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. … However, even then, third parties cannot use logos without a specific agreement.

What is considered a trademark infringement?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

Can you sue if someone uses your trademark?

If you suspect your trademark is being infringed, then you should consider taking action. … The ultimate objective with legal proceedings is to prevent further unauthorized use of the trademark by the infringer. Not only that, but you may also seek compensation in the form of damages or an account of profits.

What happens if you use someone’s trademark?

If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.

Can you trademark someone else’s work?

There is no legal requirement to register a trade mark. However, if someone else has already registered the trade mark you intend to use, they can take legal action against you.

How much does it cost to sue for trademark infringement?

Now consider the cost of suing. Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.

What does a trademark protects?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. … This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment.

What is the punishment for trademark infringement?

The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It’s also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

What’s the difference between R and TM?

The TM symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. … The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.