If you are a small business owner, then you need to protect your intellectual property (IP). Your trademarks, patents, and copyrights are the main competitive advantage that you have. What if you believe someone has infringed on your trademark? Here are three things that you should be prepared to prove if you expect to get a settlement.
- Proof of ownership – If you filed the paperwork properly for your trademark, this one is simple. The documentation you received after filing proves that the trademark belongs to you or your company.
- The earliest trademark date – Don’t make the mistake of suing over trademark infringement only to find out that someone else had it first. You don’t want to go from the one seeking damages to the one paying them because you made a mistake regarding the date.
- Evidence the trademark is confusing to consumers – If someone is using a similar trademark to you, but they are in a different industry, that may not be enough for a case. If you use a camera in the logo for your photography businesses, you can’t go after an electronics shop that repairs cameras for using a similar camera on their store sign. You run completely different businesses.
Protect Your Small Business IP Now!
Pokala Law APC helps small business owners in the San Diego area with everything from IP protection and business formation to contract and agreement drafting and review. Call 1.844.695.1487 today, or you can request an appointment online.