Denver Trademark Dispute Attorney
The purpose of a trademark is to protect an entity’s name, logo, slogan, or similar coined phrase from other individuals or businesses using it for their profit without permission. Companies work hard to brand their businesses and products. Now, with the rising popularity of social media, it’s easier than ever for the products of those efforts to be taken and exploited illegally. Therefore, it is important to register your business’s trademark and defend it when necessary.
Contrary to the conventional wisdom circulating in our highly litigious culture, business owners by and large do not welcome contentious commercial litigation. Very seldom is an outright winner declared after a courtroom battle — and after the expense, acrimony and emotional toll that come with it.
If you suspect that your Colorado or national business is about to be sued for trademark infringement, or you are considering a lawsuit against a competitor or faraway entity who may have violated trademark law, to your detriment, we’re here to help — at Four Reasons Legal in Denver.
Why Choose Four Reasons Legal?
After more than 15 years of practice, founding attorney Steve Zemanick has built an impressive reputation for negotiating outcomes for disputes that could have been avoided, or taken to court as a last resort. As your lawyer, Steve listens carefully to your complaint about the presumed infringing party, conducts in-depth research into your claim and skillfully bargains with opposing counsel to get the matter resolved.
Four Reasons Legal represents plaintiffs and defendants alike, in trademark disputes. During our representation of commercial clients at the clearance, search and registration stages, we strive to proactively avoid any approach that could lead to infringement litigation “down the road.”
Why Do I Need a Trademark Lawyer?
For businesses and individuals alike, the process of registering a trademark is often complicated and difficult. A good trademark lawyer provides legal guidance and assistance throughout the process of trademark registration. Without this assistance, it can be easy for individuals to skip a necessary step in the process or become overwhelmed by the details.
Another instance in which a trademark lawyer can be beneficial is when one party files a lawsuit against another for trademark infringement. The defendant may see a better outcome by hiring a trademark attorney to represent them if a situation like this were to go to trial. This applies whether the negotiations are in court or part of a settlement. Four Reasons Legal is dedicated to not going to trial unless it is absolutely necessary. This saves everyone the time, money, and stress that a long trademark trial can result in.
What Are the Benefits of Trademark Registration?
Several benefits of trademark registration can help to protect and grow your business over time. First, by registering your trademark, you gain the protection of the law. Trademark law provides legal protection against any unauthorized use of your trademark by others. It gives you exclusive rights to use the trademark in connection with your goods or services and allows you to take legal action against anyone who tries to use your trademark without your permission. In addition, it can deter others from attempting to use your brand elements that are trademarked.
Another reason businesses file for registration of trademarks is to establish and enhance brand recognition, making it easier for customers to identify and associate their goods or services with that brand. Furthermore, as a marketing tool, a registered trademark can be used to promote products or services and differentiate them from those of competitors.
A registered trademark can also be an asset for a business and can increase in value over time as the brand becomes more established. International protection is another benefit of having a registered trademark because it can provide protection in foreign countries, making it easier to expand the business into new markets.
Why Is It Better to Avoid a Trademark Infringement Trial?
Trademark claims should be resolved out of court via an agreement or settlement whenever possible. This avoids an unforeseen amount of time, court fees, and the stress of going through the red tape of the courts. Court fees are fees associated with a trademark case, including filing fees, service fees, and other miscellaneous costs.
In the event a trial requires the opinion of witnesses to provide testimony on technical or industry-specific matters, the cost of the trial can increase significantly. Discovery costs can also increase the costs of a trademark case. The process of exchanging information between parties in a lawsuit is called discovery, and the costs associated with it can include document review, deposition fees, and other related costs. The discovery process can also take more time and delay the case if there is much material to review. These cases can also require multiple rounds of discovery, pretrial motions, continuances, and other stages of the process that can prolong the trial indefinitely. This can cause unmeasurable stress as the impending outcome looms.
However, in some cases, trademark lawsuits can be highly contentious and may take months or even years to reach a settlement. In cases like these, multiple rounds of discovery, pretrial motions, and other procedural steps may extend the length of the lawsuit.
When one party in a trademark case is unhappy with the outcome of the trial, they have the option to file an appeal. Appeals are also often just as expensive, as court fees will apply again, as well as legal fees and other costs. An appeal can also delay a case for months or years, depending on how contentious it becomes.
The Three Stages Trademark Registration
Clearance refers to the process of researching and determining whether a proposed trademark is available for use and registration. This process involves conducting a comprehensive search of existing trademarks to ensure that the proposed trademark does not conflict with any pre-existing rights. Clearance is an important step in the trademark process, as using a trademark that infringes on someone else's rights can lead to legal issues, including lawsuits and potential financial damages.
Trademark search is the process of conducting a search for existing trademarks that may conflict with the proposed trademark. This can be done through various databases, including the United States Patent and Trademark Office’s (USPTO) Trademark Electronic Search System (TESS), to ensure that the proposed trademark is not too similar to an existing trademark. This search helps identify potential conflicts, which can be addressed before the trademark application is filed.
Trademark registration is the process of filing an application with the relevant government agency, such as the United States Patent and Trademark Office (USPTO), to secure legal protection for a trademark. Registration is not mandatory but provides the owner of the trademark with important legal rights and protections. Once registered, the trademark owner has the exclusive right to use the trademark for the goods or services covered by the registration and can prevent others from using a similar trademark that could cause confusion or dilute the value of the registered trademark.
Q: What Is the Purpose of a Trademark Attorney?
A: The purpose of a trademark attorney is to provide legal guidance and assistance to individuals and businesses seeking to protect their trademarks. A trademark attorney can help clients navigate the complex registration process and ensure their trademarks are properly protected. A trademark attorney can also represent someone who is being accused of trademark infringement.
Q: What Is the Statute of Limitations on Trademark Infringement in Denver, Colorado?
A: In Denver, the statute of limitations for filing a claim against someone for trademark infringement is two years. This means that if two years pass from when the infringement occurred, it is no longer a valid case. For this reason, it is essential to file your claim as soon as possible.
Q: What Is the Average Settlement Amount for a Trademark Infringement Case?
A: While every case is different, the extent to which the infringement occurred will largely affect the outcome of a trademark infringement case. Statutory damages range between $1,000 and $200,000 per count of counterfeiting. To get the most out of these cases, plaintiffs should seek counsel, moderation, or representation. At the very least, a consultation with a knowledgeable trademark attorney will let you know where you stand and whether or not you have a valid case.
We Are Ready To Listen And Act On Your Behalf
We want to hear your side of the story, so we can begin legal services that may put this crisis behind you. Please communicate with our Denver law offices today, by sending an email message, to secure your initial free consultation with Steve Zemanick, an experienced Denver trademark dispute attorney who can help you navigate trademark registration and litigation. Contact Four Reasons Legal today to get started.