You worked hard to create it. Don’t let someone else steal it.
Stop unauthorized use of your valuable trademark before it damages your business. Select the package that suits your needs and we’ll take care of the rest.
Why enforce your trademark
Stop Theft from Your Business
When your customers are looking for your goods and services don’t let them be deceived into ordering from someone else wrongfully using your trademark.
Sustain Your Trademark’s Value
Allowing similar trademarks to yours to exist also diminishes the value of your trademark as it reduces the effectiveness of your brand and it’s ability to identify your goods or services.
Maintain Your Trademark Rights
Ultimately, if you do not enforce your customers will not be able to distinguish between your goods and services and those offered by the infringer. When this occurs, you effectively have lost the rights to your trademark as it no longer functions to identify your unique goods or services.
What you can and can’t enforce
What to enforce
What you can’t enforce
Three great options to enforce your trademark
$199 Limited Time $99 plus gov fees*
What sets us apart
Dedicated Account Manager
Unlike other companies where you’re just a number, with The Trademark Company you have a dedicated, knowledgeable Account Manager to answer all of your questions and guide your trademark through to registration.
We Make Legal Easy
Our systems make assembling even the most complex of legal documents quick and easy. Just answer a few simple questions and we’ll take care of the rest!
Affordable, Flat-Rate Services
And unlike services that charge by the hour and can cost an arm and a leg our flat-fee services and negotiated rates with our plan attorneys have up front pricing to keep you within your legal budget.
Frequently asked questions
No. However, registration may effect how it can be enforced. Let’s explain.
Trademark rights are created when you use a trademark. Thus, your trademark rights are secured, even if not registered, when the trademark is put into use. So, in general, you do not need a registered trademark.
Of note, some types of enforcement do require a registration. For instance, a Social Media Complain (e.g., Facebook, Instagram) or a Website Takedown request will generally require you to provide a U.S. registration in support of your claim. However, a Cease and Desist Letter does not.
No! In fact, they rarely are identical.
In short, when thinking about infringement ask yourself would a consumer looking for my goods or services be confused if I let this other trademark continue to exist? If the answer is yes, you should enforce. If not, don’t.
Let’s look at a few examples:
Example 1: Your trademark is NIKE for shoes. A competitor starts selling shoes under the brand name NIKE SHOES. Should you enforce? Absolutely. The main component of your trademark, NIKE, is identical as are the goods. Consumers will clearly be confused by this infringement.
Example 2: But what if in Example 1 the trademark is NIQUE SHOES. Sound it out. Although it may look different it sounds the same. And on radio or television ads this could create confusion. So in this situation you should also lien towards enforcement.
Example 3: But what if we twist Example 1 and the bad guy is using NIKE but in connection with bakeware. Well, this is probably not a problem (unless you intended to expand from shoe to bakeware.
Generally, it depends on where the infringement is occurring.
For instance, if someone else has filed to register a similar trademark with the USPTO and you have a prior registered or filed trademark, the easiest and most cost effective enforcement package woould be our Letter of Protest service.
In the alternative, if you have a registered trademark and the infringement is occurin on a website or on social media, the most cost-effective packages would either be our Web Site Takedown package or Social Media package.
Finally, if you either don’t have a registered trademark or the infringement is not at the USPTO, a website, or on social media, our catch-all Attorney-led Package will do the trick.
Questions? We’ve got the answers
Call now to speak with a dedicated Account Manager today (800) 906-8626
All of our Account Managers are based in the United States and are ready to answer your questions.
Want us to reach out to you? Send us a note and we’ll reach out to you when you are available.
*USPTO filing fee of $50.
^Cost is determined by Annual Membership in Our Legal Service Plan. For Terms and Conditions of the Plan Click Here.