Trademark Infringement and Licensing
Mark Infringement
If someone unlawfully uses your mark (e.g. counterfeit goods), you may have a claim for infringement against them.
Your available remedies will vary depending upon a variety of factors, including whether your mark is registered or unregistered, the nature of the infringement (how the mark was unlawfully used), and applicable law.
If your mark is registered with the USPTO, you may be entitled to significant statutory damages and an award of attorney’s fees under federal law. For an unregistered mark, you are likely to collect less to compensate you for the infringement.
Trademark Licensing
You may choose to license your mark for others to use. This is often done in exchange for licensing fees.
It’s important to use a qualified trademark lawyer to prepare your licensing agreements so that they protect your legal rights and don’t conflict with each other. Otherwise, the benefits of licensing are outweighed by the lawsuits filed against you by angry licensees when they discover you’ve sold them conflicting rights.
On the other hand, you may wish to license a mark owned by another business or individual. If the mark’s owner is willing to license it to you, your attorney can protect you by ensuring the agreement protects your rights as a licensee.
Where Do You Find A Good Trademark Lawyer?
An experienced Registered Patent Attorney can help you with your trademarks and service marks, including federal registration with the USPTO if they qualify.
Related Article: How A Patent Lawyer Can Protect Your Invention
Good Internet transactional attorneys can also help you with trademark issues, such as preparing licensing agreements that boost the income you receive from your marks while protecting your intellectual property.
