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Author Topic: why is it necessary to take all reasonable steps to protect a trademark?  (Read 1378 times)

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Offline advarjun

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If a trademark owner fails to police his or her mark, the owner may be deemed to have abandoned the mark or acquiesced in its misuse. A trademark is only protected while it serves to identify the source of goods or services.

If a trademark owner believes someone is infringing his or her trademark, the first thing the owner is likely to do is to write a "cease-and-desist" letter which asks the accused infringer to stop using the trademark. If the accused infringer refuses to comply, the owner may file a lawsuit in Federal or state court. The court may grant the plaintiff a preliminary injunction on use of the mark -- tell the infringer to stop using the trademark pending trial.

If the owner successfully proves trademark infringement in court, the court has the power to: order a permanent injunction; order monetary payment for profit the plaintiff can prove it would have made but for defendant's use of the mark; possibly increase this payment; possibly award a monetary payment of profits the defendant made while using the mark; and possibly order the defendant to pay the plaintiff's attorney fees in egregious cases of infringement.

Of course, the determination of infringement is actually one that will be made by the court, so a trademark owner is simply using a best guess about whether or not infringement actually has occurred. That best guess may be a good one, based on experience and expertise, or it may be a bad one that doesn't reflect any of the legitimate defenses that might exist. The law doesn't require the mark owner to sue everyone; it just requires the owner to keep his mark distinctive.
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Offline amanthapeterson

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Re: why is it necessary to take all reasonable steps to protect a trademark?
« Reply #1 on: November 28, 2013, 01:07:48 AM »
A  trademark can be regarded as a symbol, word, or words legally registered or established by use as representing a company or product. Only that company will trademark the product which directly belong to such a company. One have to be very careful while protecting any trademark and have to make the appropriate steps regarding the same because the rivalries of that company may use the related trademark on their behalf and pursue the entrepreneurship of the same.

 

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