Intellectual property (IP) is vital for small business owners, and that includes any trademarks you may have. If you believe that an individual or company has been infringing on your trademark, what proof will you need to be able to offer? Here are three main elements of a trademark infringement case.
- Proof that you are the trademark owner – Did you register your trademark properly? This documentation will prove your ownership.
- Proof you had the trademark first – Before you jump the gun and try to start a lawsuit, make sure you had the trademark first. Otherwise, you could be opening yourself up to a countersuit.
- Proof that customers will be confused by the similar trademark – This is what allows similar trademarks to exist out there. If you run a landscaping business and have a pair of hedge clippers as your logo, you can’t go after a barbershop with a pair of scissors in their logo. The designs may be similar, but no one is going to go to that barber for lawn services, so you won’t lose any business over the similarity. Location can make a difference too. If you only operate locally, you can’t get upset if someone on the other side of the country (who also only operates locally) is using a similar trademark.
Protect Your IP with a San Diego Business Attorney
Pokala Law APC can help you to protect your intellectual property. To learn more about our services for small business owners like yourself, contact us today at 1-844-695-1487, or schedule an appointment online.