Chapter 5 of 7

Enforcing Your Trademark

Module 5.1: Monitoring for Infringement

It's important to monitor the marketplace for potential infringement of your trademark.

This can be done by conducting regular searches online and in print publications, and by hiring a trademark watch service.

Key Points:

  • Regular Searches: Conduct regular searches online and in print publications.
  • Trademark Watch Service: Consider hiring a trademark watch service.
  • Potential Infringement: Monitor the marketplace for potential infringement of your trademark.

Module 5.2: Cease and Desist Letter

If you discover someone is infringing on your trademark, the first step is to send them a cease and desist letter.

This letter informs the infringer that they are violating your trademark rights and demands that they stop using the infringing mark.

Key Points:

  • First Step: Send a cease and desist letter to the infringer.
  • Violation: Inform the infringer that they are violating your trademark rights.
  • Demand: Demand that they stop using the infringing mark.

Module 5.3: Legal Action

If the infringer does not comply with your cease and desist letter, you may need to take legal action to enforce your trademark rights.

This can involve filing a lawsuit in federal court and seeking an injunction to stop the infringer from using your trademark.

Key Points:

  • Legal Action: Take legal action if the infringer does not comply with your cease and desist letter.
  • Federal Court: File a lawsuit in federal court.
  • Injunction: Seek an injunction to stop the infringer from using your trademark.
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