Intellectual Property: Trademarks in Utah
So you just started a new business, and you are ready to start putting out some marketing materials. But before you print up a smart new logo, you need to ensure that you are not infringing on anyone’s intellectual property.
That means doing a trademark search.
To register a trademark, you need to do a federal search with the help of Provo lawyers. Contact Howard Lewis & Petersen for more details.
What is a Trademark?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others. Used to indicate the source of goods or services.
With the help of a business attorney in Provo, you can register a trademark with the United States Patent and Trademark Office (USPTO) which provides certain legal benefits.
If you have a registered trademark, you can use the ® symbol. If you have an unregistered trademark, you can use the ™ symbol and request the help of Provo lawyers.
Trademark Registration
You can register a trademark for your business name, slogan, logo, or another identifying mark.
The registration process usually takes about a year. You can speed up the process by paying additional fees. A business litigation attorney in Provo can help you with the clearance and filing process.
In Utah, you can register a trademark with the state Commerce Department. The process is pretty simple. You can do it online or by mail.
Before registering a trademark, you should consult with Howard Lewis & Petersen, the best intellectual property attorneys in Provo, to get the most professional and expert opinion and assistance.
Trademark Enforcement
There are some things you can do to enforce your trademark rights:
- You can send a cease and desist letter to the infringing party, but first, consult a Provo trademarks attorney. This formal letter tells the infringer to stop using the mark. If they don’t comply, you can take them to court.
- You can also file a complaint with the U.S. International Trade Commission (ITC). The ITC can stop the importation of infringing goods.
- You can also file a complaint with the online marketplace where infringement occurs. For example, if someone sells infringing t-shirts on Amazon, you can file a complaint with Amazon.
What is Trademark Infringement?
Trademark infringement is the unauthorized use of a trademark by someone other than the owner.
The unauthorized use can be on identical or similar goods or services. It can also be on dissimilar goods or services if there is a likelihood of confusion among consumers.
To prove infringement, the owner of the trademark must show that:
- The other person is using the mark without permission
- The use is on goods or services that are the same as those of the trademark owner
- There is a likelihood of confusion among consumers
- The trademark is valid and unabandoned
If someone brings trademark infringement charges against you, you can defend yourself by showing that:
- You are using the mark in a different way than the other person
- You are using the mark for a different purpose
- Your use is fair
- The trademark is invalid or abandoned
- You are not causing confusion among consumers
What are the Remedies for Trademark Infringement?
The court can award you damages if you win a trademark infringement lawsuit.
The damages will depend on factors like the loss of sales and the value of the mark. The court can also order the infringing party to stop using the mark and destroy all infringing materials.
In cases where the infringement is willful or intentional, the court can award punitive damages provided by Provo intellectual property attorneys. It is meant to punish the infringing party and deter others from infringing.
The court can also order the infringing party to transfer the domain name to the trademark owner. This is commonly known as “cybersquatting”. You can only win such a case when you enlist the help of Provo intellectual property attorneys.
You Need the Best Intellectual Property Attorneys
In summary, a trademark is a valuable asset for any business. Choosing a Provo business litigation, a strong trademark, and registering it with the USPTO are essential.
You should also be aware of trademark infringement and how to stop it. If you have questions about trademarks, you should contact Howard Lewis & Petersen, the best intellectual property attorneys in Provo.
