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Trademark Assertion/Enforcement

A trademark owner can assert their trademark rights in a number of ways. For example, when a trademark registration application is published for opposition, someone may allege that the use described in the registration application would cause a likelihood of confusion regarding the origin or sponsorship of the products. In which case a cease and desist letter may be sent to the applicant, and then an opposition proceeding or a cancellation proceeding may be filed in the Trademark Office. If the trademark owner is the complainant, a trademark infringement case may be filed.

Additionally, the launch of a new product or web site can result in an allegation of trademark infringement. Even changing to a new supplier can cause a trademark problem for resellers.

The resulting allegations can be very serious. A prevailing trademark plaintiff may receive: (1) the defendant’s profits, (2) any damages sustained by the plaintiff, and (3) the costs of the action. Further, an injunction may be issued, and attorney fees may be awarded. In some circumstances, the plaintiff may elect to have “statutory damages” assessed, which can reach into millions of dollars. Even further, the statute allows for multiplication of the damages. In some cases, there can be criminal penalties, too.

Whether you are asserting a trademark or defending against another’s allegations, Arnold & Saunders’s attorneys have the experience that allows them to recognize the complex nature of trademark matters. Contact us to learn how we can help your organization.

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