In Florida and throughout the United States, those with an idea, product or design will want to protect it from being used by others without permission. If there is a phrase, insignia, symbol or word that distinguishes one product from another, it is imperative to get trademark protection. However, even if a person or business has trademark protection, others might still try to use it for their own purposes. When this is found out, it is crucial to understand how to enforce trademark rights. Since this can be complicated, it is wise to have professional guidance from the beginning.
Steps to enforcing a trademark
Depending on where the trademark is registered, the case can be heard in either federal or state court. Those who do not yet have a trademark might still be able to file a claim for infringement. In general, if the infringement took place within the geographical location where the damaged party operates a business, there can be a trademark infringement claim even if there is no official trademark.
When a trademark has been infringed upon, there are various remedies. If, for example, there was financial loss because of the infringement or a reputation was harmed, then there might be monetary compensation. An injunction might be ordered to stop the offending party from continuing to use the trademark illegally. The items that infringed on the trademark might be ordered destroyed. In some instances, the violator could be ordered to pay compensation and legal fees of the trademark holder. If there is overt illegality, the party that infringed on the trademark could face criminal charges. This is frequently true with higher end items.
Trademark protection may require experienced assistance
Intellectual property can be inordinately valuable and should be protected. Because another individual, company or entity using a specific trademark can not only cause financial challenges but issues with how the product is perceived, it is vital to know what to do when infringement takes place. It is unwise to move forward without legal assistance and taking the proper path in enforcing the trademark. As soon as the infringement is discovered, consulting with those who are experienced in helping with trademark protection can provide guidance and information with how to proceed. This is a useful strategy to be fully shielded and put a stop to the infringement while potentially yielding financial compensation to the injured party.