A trademark or service mark is a name, symbol, logo, or other mark that a business uses to establish a professional image and promote and advertise its goods (trademark) or services (service mark). If you have a business logo, the best form of protection is through a federal trademark, which you obtain through the U.S. Patent and Trademark Office (USPTO). Although it is easy and inexpensive to get an Arizona state trademark, it does not give the level of protection that you will need if another individual or business attempts to use your business logo. A federal trademark gives you protection nationwide, in that it puts all companies doing business in the United States on notice of your legally protected trademark.
If you have federal trademark protection in place, you have legal recourse if another business tries to use your business logo, or a logo that is so similar to your business logo that consumers may confuse the two. The first step is typically to send a “cease and desist” letter that informs the infringing party of your federal trademark rights in your business logo. If the individual or business whom you believe to be infringing on your business logo continues using it, you must turn to the courts for relief.
You have the right under federal trademark law to file for an injunction, or a court order, that prohibits the infringing party from continuing to use your business logo until further order of the court. You also can file for monetary damages from the other party’s infringement on your logo and prohibit the importation of goods that use your logo, other than those that come from your own business.
At Williams Mestaz, L.L.P., we focus our efforts on representing your business interests throughout the duration of your case, including disputes arising from trade secrets, trademark infringement, or other intellectual property disputes. When you need help that only an experienced business litigation attorney can offer you, contact Williams Mestaz, L.L.P., at (602) 256-9400.