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How Are Trademarks Enforced?

In the modern world of online marketing, trademark infringements occur often and may be intentional or simply accidental. Because of this, it is wise for a business owner who uses a unique trademark to have a plan in place for enforcing this trademark and protecting it against infringing third parties. Creating such a plan can go very smoothly and effectively with the help of an experienced Florida intellectual property lawyer. This lawyer can use professional resources to ensure that your trademark truly remains yours and that your customers are not confused or fooled by imitators.

Investigating a Trademark Infringement

Knowing the facts about what trademarks already exist on the market is essential before registering a trademark as your own, and remains important when enforcing that trademark. This way, you can be sure you have a valid argument to make when you believe that someone else has infringed upon your trademark right. A skilled Florida intellectual property lawyer will have an extensive network of technological resources to investigate an alleged trademark infringement so that your trademark can be protected and enforced. By using the help of such a lawyer, you can be sure you're making an informed decision about enforcing your trademark.

Negotiating a Settlement

The process of reaching a settlement with a party who is infringing upon your trademark begins with notifying the party that you're aware of the infringement with a cease-and-desist letter. This letter summarizes the facts that are the basis for the infringement claim. Depending upon the circumstances, the letter may be a strong one or it may be simply in the form of a friendly reminder. Once this notification is made, settlement negotiations can begin. These negotiations will lead to a remedy that ensures that the infringing party does not continue his infringing activity. The infringer may have to get rid of product that carries the infringing trademark or may have to compensate the original owner of the trademark for related financial losses.

Call to Schedule a Free Consultation With a Florida Intellectual Property Lawyer Today

If you have concerns about enforcing a trademark infringement, call to schedule a free consultation with a Florida intellectual property lawyer today. The experienced legal professionals at the law firm of Smith/Barbara will use their extensive resources and knowledge to ensure that your trademark is protected. Visit our website at smithbarbara.com or give us a call at (954) 710 - 0116 and let our friendly staff answer any questions you may have. We serve the states of Florida and Tennessee and we look forward to giving you legal advice you can trust.

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