The Consequences of Not Protecting and Defending Your Trademarks
A trademark owner should be aggressive in protecting their trademarks for a variety of reasons. They are as follows:
1. A competing business may use your trademark or service mark as their own due to the fact your business has built goodwill or has developed a strong brand. This scenario can result in lost customers, sales, or business.
2. Trademarks or service marks are essential advertising and marketing tools.
3. A trademark owner can assert exclusive rights against a trademark infringer through cease and desist and/or litigation.
4. A trademark owner can miss out on the opportunity to earn royalty income from licensing trademarks to others for use.
5. A trademark owner can lose trademark rights if they are not vigilant in protecting trademark rights.
Number 5 is very important and I will explain how one can lose their trademark rights in greater detail. The failure to police a trademark can have significant legal consequences. Policing a trademark includes:
- Defending the mark against infringers by sending cease and desists or initiating legal action such as infringement law suits or temporary and permanent restraining orders;
- Opposing trademark applications with the USPTO that are confusingly similar to your trademark;
- Filing a cancellation action against any trademark that becomes registered with the USPTO that is confusingly similar to your trademark;
Inaction in policing your trademark can lead to a bar to sue for trademark infringement. In addition, failure to prosecute infringers usually is evidence of a weak mark. As a result, challengers can petition the USPTO to cancel your trademark registration.
In conclusion, once you have obtained a registered trademark, there is still work to do. Protect your trademarks at all costs to reap all the benefits that trademark ownership offers.
Category: Experts | Tags: cancellation, Intellectual Property, IPLAW101, oppostion, phillips givens law, policing, trademark protection, trademarks, uspto
About the Author Latoicha Givens is the founder and a member of the firm Phillips Givens, LLC. Ms. Givens practice includes represention of start-ups, small, and mid-sized businesses in intellectual property matters, specficially, trademarks, copyrights, and licensing issues. She is the author of IPLAW101.com, a blog covering Intellectual Property issues specifically trademark law - trademark registration and infringement; Domain Name Disputes: Cybersquatting; Licensing and Intellectual Property issues in New Media.
See all posts by Latoicha Givens.
