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Enforcing your trademark

Upon completion of the trademark registration process, you will be the owner of the trademark. You now can stop businesses from using your trademark or from infringing on your rights as the trademark owner. The following rules apply to when you can stop businesses from using your trademark:

  • Trademark is being used on goods or services that will confuse the buyer of being the same thing, and diluting the quality of your brands reliability.
  • Consumers are being confused by the dual use of the trademark, which your competitor would be causing your brand to dilute its quality.
  • If your mark is readily recognized and your competitor is trying to pilfer your reliability to gain business.

Here is an example where a competitor has infringed on one's rights as the trademark owner:

A competitor is conducting business online, using the name widgetauctions.com, and the competitor is managing an auction site with the name Widget in the name. Widget is a registered trademark owned by widget.com and actively being used as a main attraction for being a reliable auction website. The competitor is diluting the quality and reliability to confuse consumers to shop at widgetauctions.com.

If you do have a case where someone is infringing on your rights as the trademark owner and harming your well-known name, it is recommended to take such cases up with an attorney. If you need help finding a specialized intellectual property attorney Trademarks411 would be more than happy to recommend professional law firms to assist you, email info@trademarks411.com for more information.

How to keep your trademark active:

For your trademark registration to remain active and valid, an Affidavit of use must be filed. The following are instructions on how you can keep your trademark active:

  • Between the fifth and sixth year following registration, and
  • Before every ten-year year period you must file an Affidavit, with proof that you have been actively using your trademark.

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