Trademark Usage and Protection
Under trademark law, you can generally use another’s trademark for comparison in advertisements. For instance, if you sell tennis shoes, you could compare the price and quality of your shoes to Reebok’s. Trademarks protect a brand’s identity – names, logos, slogans. For example, Nike owns the Swoosh logo mark.
You can use the TM symbol without registering the mark. However, infringing on someone’s trademark still risks legal issues. Business name recognition tends to have more value than logo familiarity. Since logos change more than names, registering a standard character mark protects the business name.
One application covers only one trademark. Search the USPTO database for applied and registered marks. Design marks require search by a design code.
Trademark Infringement and Resolution
If an alleged infringer continues using your mark after a cease and desist, sue to stop the use and get damages. File an ICANN complaint to challenge an infringing domain name. While common law rights exist, federal registration best protects marks actively used in commerce.
If someone registered your mark before you, you may still own it by showing earlier use. Unrelated marks for different goods unlikely to confuse may share a name. Fair use defenses exist, like descriptive use describing your own goods truthfully and in good faith. Nominative use also applies, like comparing products by name.
Handling Trademark Violations
Stay updated in your niche to know of use of your mark. Discuss suspicions with an intellectual property attorney to assess if it’s infringement. Contact the user to stop. Fair use exceptions allow some trademark uses without permission. Research names and logos before adopting them to avoid infringing.
Legal Action for Trademark Infringement
When someone uses your trademark without your authorization, you can file a trademark infringement suit against such a person for refraining from using your trademark.