Protecting Your Investment: The Basics of Trademark Enforcement
You’ve invested in your trademarks. You’ve got the registrations. You’re using the ®. You’re continuing to put the time, energy, and money into building your brand.
What else should you be doing?
Safeguarding your trademarks from infringement and misuse! Protecting your trademarks is essential to:
✅ Maintaining brand exclusivity
✅ Preserving consumer trust and loyalty
✅ Safeguarding your market share and revenue
✅ Preventing consumer confusion in the marketplace and dilution of your brand’s distinctiveness
You protect your trademark rights by monitoring the market place and enforcing your rights when necessary. Some of the most common enforcement strategies include:
Monitoring: Regularly monitoring the marketplace for potential infringements allows you to identify unauthorized uses of your trademarks promptly and decide what, if any, action to take. The best way to do this is to use a monitoring service. For more details on monitoring services, click here.
Cease and Desist Letters: Sending a well-crafted cease and desist letter to infringers can often lead to a successful resolution without resorting to expensive litigation, allowing you to save your energy, time, and money.
Negotiation and Settlement: Engaging in negotiation and settlement discussions can also help resolve trademark disputes quickly and amicably without the need for a lawsuit—again, preserving your precious resources for other things that matter to your business. The options available as part of a settlement are also much broader than the resolutions provided by courts.
Platform Takedowns: For infringement that is occurring on an online platform, like Amazon, a social media site, or app store, you can submit takedowns directly to the platform, as long as you meet the proper legal requirements. This is a great avenue for getting an infringement removed without having to interact with the infringer (who often is anonymous or can’t be easily found or contacted directly).
UDRP Complaints: If the infringement is occurring in a domain name and you meet the legal requirements, you can file a complaint under ICANN’s Uniform Dispute Resolution Policy to have the infringing domain name transferred to you. This is a cheaper, and often more effective, option to filing a lawsuit.
Litigation: In cases where the infringer won’t stop infringement or you can’t negotiate a resolution, pursuing legal action through litigation may be necessary to protect your rights and seek appropriate remedies.
How can Brient IP help?
Having a trademark attorney is crucial for monitoring and enforcing your trademark rights. An attorney can provide you with all available strategies, help you decide which one best fits your business goals and your budget, and then implement the strategy for you.
Reach out if you’d like to discuss how Brient IP can help you stay ahead of potential threats and address actual threats to your trademarks!