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Originally Posted On: https://bltg-ip.com/9-signs-that-you-need-to-hire-a-trademark-infringement-lawyer/
Protecting your trademark is important. Check out this article for nine telltale signs that you need to hire a trademark infringement lawyer.
Your business is growing and thriving when a friend tells you that they saw a similar item to one of your products being sold online. In a world where brand identity is king, the last thing you want is for yours to get muddled due to counterfeit products.
What you may need in this situation is to call a trademark infringement lawyer. It’s not just counterfeit products you need to be careful about, though.
Here are nine signs you may need to hire a trademark attorney to help you with a case.
1. You’ve Received a Cease and Desist Letter
The most obvious reason to hire a lawyer is if you find yourself in the middle of a trademark infringement case. This can happen if you receive a cease and desist letter from a brand accusing your company of trademark infringement.
They may accuse you that one or more of your products were based on theirs. Or they may say that your brand identity is too similar to theirs.
In either case, a trademark infringement lawyer can help you figure out if the other party actually has a case against you and what you should do next.
2. Customers Confuse Your Products With Another
A problem you wouldn’t want to run into is if a customer confuses your product with another. For example, they may call to see if you have a product of a different name that sounds very similar to your own.
If this happens, then there may be a case of trademark infringement you can pursue. You’ll want to speak with your attorney to make sure you have a case, though. Otherwise, you may be causing problems for a small business that had no idea what they were doing wrong.
3. Your Trademark Application Was Rejected
On average, it can take upwards of 18 months to register a trademark in the United States. In some cases, it can take longer depending on current processing times and the number of applications coming in.
When you apply for your initial trademark, it may get rejected. If this happens, there’s a chance that it got rejected because it showed too many similarities to another brand or product.
In this case, you would hire a trademark infringement lawyer to help you contest this decision and figure out what other options you have.
4. Launching a New Brand
Launching a new brand can be a precarious endeavor, even if you’ve done your research. It’s about more than just building your brand and generating an audience. Even if you’re careful, you may find that your trademark has similarities to another one already in existence.
It’s a good idea to call a trademark attorney before you apply for a new trademark. They can help you avoid unintentional infringement and protect your trademark. This will save you a lot of time if you need to make some significant changes to your product or service.
5. Expanding Your Business
If you’re expanding your business into new areas, then you’ll want an attorney to make sure you don’t step on anyone’s toes.
For example, a company that is expanding into another country will need to get a new trademark for that area. In that case, their lawyer will need to do a thorough search to make sure they won’t be accused of infringing on a preexisting trademark.
A business that’s developing a franchise will need much more assistance, as they may be moving into multiple countries.
6. Found Counterfeit Products
A trademark infringement case doesn’t have to start at your business location. In some cases, you may stumble upon products out in the wild that look remarkably similar to your own.
Counterfeit products aren’t good for your brand. Not only do they draw business away from you, but they can also ruin your reputation if they’re of poor quality. People may begin to associate your products with counterfeit ones.
Notify your attorney as soon as possible so they can begin legal proceedings.
7. Online Infringement Issues
Trademark infringement can also happen on the internet. People love to use programs like Photoshop to make fun of products, but they may also utilize your brand name to help them sell their own products.
At the very least, your brand may suffer from trademark dilution. This is when another business uses a similar trademark, which causes confusion in the marketplace. Infringement is when they use your exact trademark without permission.
In either case, you’ll need to monitor both your trademark’s presence online as well as in the real world.
8. New Licensing and Agreements
An attorney will be required if you plan on entering any new agreements or making any changes to your related contracts. You want to protect your rights, after all.
When entering into new deals, you want to make sure that you retain ownership of your trademark. The last thing you want is for someone to steal the rights to your trademark when you expect a fair deal.
9. You’re Not Familiar With Trademark Laws
There’s a very good chance that you aren’t familiar with trademark law in your area or the various types of trademark infringement. It could be that you need to file for a patent or copyright.
Hiring a trademark infringement lawyer is the best option if you’re not sure how to proceed. They’re experts in the field and can tell you what to do to protect your business and your product. You can also expect them to help you maintain that trademark and avoid infringing on others.
Call Your New Trademark Infringement Lawyer
Failure to manage your trademark can mean running into a lot of problems, such as copycats or getting accused of infringing upon another trademark. If you want to avoid these issues, then you’ll need to hire a trademark infringement lawyer with years of experience working in your specific market.
Berkeley Law & Technology Group, LLP is an intellectual property law firm with offices in Austin, Texas, Portland, and Oregon. Our experienced attorneys can help you with anything from patent law to protecting your trademarks. Reach out today with any questions about our services.
