Protecting Your Brand: Effective Advocacy In Trademark Infringement Disputes
Your business name is integral to your success. It sets you apart from your competitors, and it’s the foundation for your marketing and networking efforts. When another company infringes on your name or logo, it dilutes or undermines your hard-earned branding.
The Greenville attorneys of Hurley Law PA, provide knowledgeable and aggressive counsel for establishing and protecting trademarks.
Claiming Your Trademark
Trademark refers to your business name, distinctive logo, taglines and other identifiers that distinguish your goods and services from others. Trademark rights may be obtained by using the mark in commerce. Additional protection can be secured by obtaining a certificate of trademark registration from the U.S. Patent and Trademark Office. Registering a trademark involves a comprehensive search for similar-sounding names or marks that could cause confusion in the marketplace and a formal process for declaring and defending the trademark. If you would like to discuss how we can help shepherd you through this process, please contact us.
Enforcing Your Trademark
If you believe another company is encroaching on your trademarks, we can take action on your behalf. It is not necessary to prove that the infringement is intentional, or that the infringer is a direct competitor. The legal threshold is a “likelihood of confusion.” Our attorneys have extensive experience in business litigation, including trademark infringement. Sometimes a cease-and-desist letter will get results. Other times we go to court to seek an injunction or sue for monetary damages. We are always attuned to your bottom line and the cost-benefit of pursuing legal action.
Defending Against Claims Of Infringement
Our firm also represents business owners who have been hit with an infringement action. Defending against a trademark lawsuit can be expensive, but if the other party prevails, you could be held liable for damages and/or be forced to change significant aspects of your business identity. We respond swiftly to allegations of trademark infringement to determine if the claim of confusion or adverse impact has any merit. We can then represent you in settlement negotiations or fight for you in court proceedings.
Frequently Asked Questions About Trademark Law
If you have concerns about your trademark rights or a dispute in South Carolina, the following information can help clarify your situation.
If I never registered my mark, do I still have trademark rights?
Yes. South Carolina recognizes common law trademark rights when a business uses a mark in commerce to identify its goods or services. These rights are based on first use and can offer protection within the geographic area where the mark is actually used. State law also provides statutory protection for unregistered marks, although the scope is generally narrower than the protection available through registration.
Registering a trademark with the South Carolina Secretary of State can strengthen your position by creating a public record of your claim and providing statewide protection. However, even without registration, you may still enforce your rights if you can show prior use and consumer association with your mark.
Can someone sue me for trademark infringement if I never knew about the other trademark?
Yes. Lack of knowledge cannot prevent an infringement claim. Trademark infringement focuses on whether your use of a mark is likely to cause consumer confusion, not whether you intended to infringe. A business may be liable even if it acted in good faith and was unaware of the other mark.
Courts consider factors such as similarity of the marks and the goods or services, marketing channels and evidence of actual confusion. South Carolina incorporates principles consistent with federal trademark standards, resulting in an analysis resembling what occurs in federal court. If your mark is similar to an existing mark used for related goods or services, you may face legal exposure even without prior knowledge.
What should I do upon receiving a cease-and-desist letter that alleges infringement?
A cease and desist letter should be taken seriously, as it signals that another party believes your mark infringes its rights. Before responding, gather information about your use of the mark, such as when you first used it, how it appears on goods or services and where it has been marketed.
An attorney can evaluate the claims, assess whether confusion is likely and determine if your use predates the other party’s. Possible responses include negotiating a resolution, modifying your mark or disputing the allegations if they lack merit. Acting promptly helps protect your business and reduces the risk of escalating the dispute.
Our Trademark Is Personal Service
As a small firm, Hurley Law PA can offer one-on-one attention and responsiveness that our clients value. As former business owners ourselves, we understand the urgency when your trade name and competitive edge are threatened. You can count on us to vigorously defend your trademark rights and pursue your remedies.
Contact our Greenville law office for counsel or representation in trademark law. Call 864-641-7990 or contact us by email.