Possible Trademark Violation

1 Answers. Asked on Jan 08th, 2015 on Intellectual Property - Texas
More details to this question:
I am the owner of a trademark. I have noticed several companies that are using my trademark for products. The name is used the same way, and the industry is similar to my industry. I can provide you information with regards to my trademark, and those that I think are infringing.
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Answered on Jan 09th, 2015 at 1:21 PM

You state that you are the owner of a trademark, but have you federal registered the trademark? If not, your rights might be limited to the areas in which you are doing business. If you have not federal registered the trademark, have you conducted a search to see if any of the other companies have done so? Have you done any investigation to establish that the other companies have not been using the trademark for a longer time than you have or at least for several years? You need to consult with a trademark attorney, not only to have the attorney evaluate whether or not the marks as used might be confusingly similar (the standard for infringment), but to determine the answers to the questions that i have posed.  What you need done is way beyond the scope of the free assistance that can be provided via this site.

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Intellectual Property
The legal system recognizes the rights of people and companies that invent and create unique works, granting them ownership of those tangible and intangible assets through a number of intellectual property laws. Intellection property, or IP, includes patents, trademarks, copyright, trade dress and trade secrets. Intellectual property attorneys work with businesses and individuals (including inventors, writers, composers, artists and designers) to help protect these intellectual assets. IP lawyers and law firms can assist with taking initial steps to protect assets, while also working with clients to license items and to protect assets that are plagiarized, infringed and/or misappropriated.
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