TRADEMARK INFRINGEMENT & ENFORCEMENT
See what enforcement options you have if someone has infringed on your trademark.
Trademarks
Trademark Infringement
Trademarks are granted federally by the US Patent and Trademark Office and the protection extends from the federal to the state levels. When a trademark is granted, the owner has the exclusive rights to its use and can prevent anyone else from stealing it.
If you believe your trademark has been infringed on, you will need to consider whether you have grounds to take legal action. Sherinian Law helps businesses create an effective enforcement plan based on their budget and specific needs. Our enforcement plans deal with many different types of issues including:
• Infingers
• Copycats
• Counterfeiters
• Third-party members that do damage
Having an effective enforcement plan can make the difference between a strong, long lasting trademark and a forgettable, short-lived brand.
Trademark Enforcement
There are many different services that can be utilized as trademark enforcement. However, the four most common enforcement mechanisms include:
Cease and Desist Letters:
If your trademark is being infringed, we will take the first step in stopping this issue, by sending out an effective cease and desist letter. This will put the infringing party on notice of what is being done and our skillful lawyers will lay out the legal and factual evidence for the claims. Our lawyers will work alongside you and do what is best for your business.
Whether you are in need of a strong, forceful letter, or a more friendly notice, we can make sure your company’s mission is still being followed. Our legal team can adjust the enforcement plan to one that works best for your business.
Settlement Negotiations:
In some cases, it may be best to negotiate to stop the infringement from occurring. Our lawyers have experience in negotiations and can help you get the best results and long term protection for your trademark. For example, a negotiation could take place where the infringing side agrees to stop using the trademark in exchange for the owner not sueing them for infringement. No matter, our trademark attorneys will do what is best for your company and the longevity of your trademark.
Take Down Notices:
Most of the counterfeiting and infringement occurring in the marketplace today is being done online. Even though many online marketplaces establish trademark enforcement protocols to help owners, they don’t always work because of the high volume of notices they receive reach day. In many cases we have direct lines to various important online marketplaces. Our experienced lawyers can create a customized enforcement plan that works best for your budget and company.
Trademark Investigation:
We prepare and conduct extensive research for our clients regarding potential infringements. We use state of the art technology to be prepared for potential infringement or counterfeiting.
Trademark Litigation:
In certain cases, it may be necessary to litigate your mark. Our firm has participated in numerous trademark cases over the past ten years, and have obtained numerous excellent results for our clients.
If litigation is necessary, we can put together a powerful and cost effective plan for you and your brand.
If you require an opinion or councel regarding potential trademark infringement, you can turn to one of our experienced trademark attorneys.
Trademark Overview
Watch Our Video
Watch our Overview video on trademarks. It covers a lot of the basics, and is presented by Konrad Sherinian, one of the most experienced trademark attorneys in the United States.
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(630) 318-2606
Let's Talk About Your Trademark
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If you have questions about the selection, registration, protection, or enforcement of your mark, talk to us. We offer experienced advice on the availability, registration, use, and enforcement of trademarks.
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Trademark FAQs
Here’s a list of the most frequently asked questions about trademarks. Open each to see our pages dedicated to that topic.
trademark?
A trademark is a distinctive sign, logo, or other symbol that identifies a business, its products, or its services.
How do I trademark a name or logo?
You can trademark a name or logo by applying to a trademark office, conducting a thorough search, and filing an application.
What is the USPTO?
The US Patent and Trademark Office (USPTO) is the federal agency responsible for granting patents and registering trademarks.
Why is a trademark search necessary?
A trademark search ensures your intended trademark is not already in use, thereby preventing potential legal conflicts.
What challenges might I face during a trademark search?
You may need help identifying similar sounding, appearing, or meaning trademarks. Hiring a trademark professional can help navigate these challenges.
What Kinds of Things Can I Trademark?
You can trademark more than your company’s logo. A trademark attorney in Chicago, IL can help you decide what items you can and should register as a trademark. For example, your lawyer may advise you to trademark a slogan or catchphrase.
See our page on trademarks for a more detailed answer.
Do I need trademark or copyright protection?
It might be difficult to understand whether or not you need to register a trademark or a copyright. Both are a type of intellectual property and can protect the rights to your creation or idea.
A copyright is a type of protection for an author’s “original works of authorship”. This could include music, art, screenplays, literary works, and so forth. Copyright does not protect intellectual property such as a slogan, name, title, or short phrase – those are definitely best protected by a trademark.
In some cases, such as a symbol, design, lettering, coloring, or typography, both a copyright and a trademark can provide protection.
A trademark offers the protection of a word, phrase, symbol, design or a combination of these.
It is possible that a logo be protected by copyright and trademark, but this will be dependent upon the amount of originality within the logo. In general the more ornate a logo is, and the more creativity it has, the better chance that it could be protected by both types of intellectual property.
If you have written a novel and are getting ready to publish it, you will likely want to pursue a copyright registration.
Do I need a trademark or patent?
There are many misconceptions concerning patents and a company’s trademark. Simply put, a patent is there to protect a new invention, while a trademark protects the specific branding that goes into promoting that new invention. For example, a patent could be for a specific type of sneaker, and the trademark is how that company markets it.
How much does it cost to hire a trademark attorney?
We offer personalized fixed fee services for Federal trademarks. Reach out to us for a quote based on your specific requirements and to know the average cost for trademark attorney.
What is the average cost of a trademark infringement lawsuit?
Trademark infringement lawsuits can be costly, varying depending on the complexity of the case. Proactively securing your trademark helps minimize the risk of such lawsuits.
How much does it cost to trademark something?
The cost of trademark registration depends on various factors. Contact our law firm for a comprehensive breakdown of the fees involved and trademark price.
What are the filing fees for a trademark application?
Filing fees for a trademark application include USPTO fees for filing your trademarks, examination fees associated with your examining attorney, and maintenance fees. We'll guide you through the fee structure and help you understand the costs.
Why should I hire a trademark attorney?
A trademark attorney ensures that your brand is legally protected and maximizes its value. They save you time, effort, and potential legal costs in the long run.
Experienced Trademark Attorneys
With decades of experience in trademark law, we have helped scores of companies protect their brands. Our team of skilled trademark lawyers and paralegals regularly prepare and prosecute state and federal trademark applications. Throughout the years, we have built an impressive network of other legal professionals outside the state and country, who are able to assist us in international trademark matters. It’s hard to find the experience Sherinian Law brings to the table.
