What A Philadelphia Trademark Lawyer Can Do to Protect Your Property
When you establish your business or introduce a new product or service, you give it a name and it is that name that your clients and the public identify with you, your company, and your brand. Whether you have registered a trademark or not, United States law generally considers a trademark to belong to the entity or individual that was the first to use it in commerce, and that means that if you were first then you have priority rights. If someone else attempts to use the same name – or even a similar name – then that can represent trademark infringement. If you believe that your trademark has been infringed upon, then you need legal representation from a trademark lawyer who can fight for your rights to the use of your name, as well as any damage that you have suffered from the infringement. The attorneys at Bochetto & Lentz are experienced Philadelphia trademark lawyers. Call us today to see what we can do to help you protect your property.
When someone infringes on your trademark, they use your company name, your product name, your service name, brand or logo in a way that causes consumer confusion. Trademark law protects words, phrases and designs in order to make sure that you get the benefit of your initial use of that name – even if somebody makes a minor change, such as switching some of the spelling or a slight alteration of your logo, if their version is close enough to your original than it is likely to be considered copyright infringement. As skilled and experienced trademark lawyers in Philadelphia, the attorneys of Bochetto & Lentz will not only help you to register a trademark in order to help avoid infringement, but will also monitor to ensure that nobody else is using a brand or mark similar to your own. Should we find that somebody else is using a similar or same brand we will generally begin by sending them a cease and desist letter, indicating your trademark. In some cases the entity that receives the letter will correspond back and agree to rebrand, leading to an amicable resolution. However, if they choose to continue using the same brand, we will act quickly to attempt to make them stop their use entirely or to reach a concurrent use agreement that provides controls and limits.
When your trademark has been infringed upon, there are several remedies available. These include a preliminary and/or permanent injunction to make the defendant stop using your mark, monetary relief in the form of profits that they earned from the use of your mark, damages that you’ve sustained, and court costs. If products have been created bearing the infringing mark you may also be able to have them destroyed. Each trademark infringement case is different, but it is important for you to know that you do have rights and we can protect them for you. Call the trademark lawyers at Bochetto & Lentz today to see how we can help.
Learn more from our Philadelphia Trademark Lawyer HERE.