A registered trademark can help to protect a company’s brand. A trademark is essentially a visual representation of the organization that consumers or other companies can readily recognize on signage, marketing materials or packaging.
The formal trademark registration process is complex, requiring a thorough investigation and the submission of paperwork to the United States Patent and Trademark Office (USPTO). After the USPTO grants a business trademark protection, no other company can use that trademark without permission. Additionally, businesses in the same or adjacent industries typically cannot trademark a substantially similar logo.
Business leaders who discover infringement, possibly by a competitor producing knockoff products, may need to take the matter to court. What forms of relief do the civil courts offer?
Protection through injunctions
An injunction is a court order that can prohibit certain conduct. If there is sufficient evidence of intentional trademark infringement, a judge can issue an injunction. They can essentially prohibit the other party from continuing to use a similar logo or from misleading consumers by misappropriating a trademarked logo used by the plaintiff organization.
Compensation through an award of damages
The civil courts can also provide financial relief to a company harmed by trademark infringement. Infringement can damage a company’s brand, leading to a reduction in sales. It can also divert interested consumers by tricking them into buying a competitor’s product because it looks like the branded product they want to acquire.
Going to court is often the most effective way of deterring continued misconduct on the part of a competitor. Business leaders concerned about protecting their intellectual property, including company trademarks, often need help during the trademark registration process and during any trademark enforcement efforts, and that’s okay.
