Trademark Enforcement

As a trademark owner, one of the most important decisions you can make is whether you are going to effectively protect your trademark against third-parties. It can be a hard decision, but every trademark owner should have an enforcement plan in place to deal with copycats, infringers, counterfeiters, and any other third-party that may damage a trademark.
Trademark enforcement comes in many shapes and sizes and an experienced trademark attorney can help you develop a plan for your business’s budget that fits your business’s specific needs. Effective enforcement can be the difference between a strong, lasting trademark and a forgettable, short-lived brand. Contact one of our attorneys today for a free consultation!

Trademark Enforcement Service Types

Elite Counsel Law offers enforcement services that meet individual client needs. Don’t see what you need?  Please contact our office for a free consultation.

Cease-and-Desist Letters

An effective cease-and-desist letter puts the infringing party on notice of the infringement and lays out the factual and legal basis for the claims. An experience trademark attorney will do this while keeping in mind the specific and unique facts of each client. Sometimes that might be a strong, forceful letter meant to make a statement to the infringer. Other time it may be a friendly and understanding notice to a fellow small-business owner. Elite Counsel Law attorneys strive to find the balance that is right for each client.

Take-Down Notices

Online marketplaces account for a large portion of the trademark infringement and counterfeiting that occurs in the marketplace today. Many online marketplaces have trademark enforcement protocols for trademark owners to report infringing products. However, in many cases, the online marketplaces are dealing with thousands of these notices a day and an experienced attorney can help you avoid common pit-falls that cause delays and cause lost sales to infringers. Whether its Amazon, eBay, Etsy, Zulily, or even foreign wholesale marketplaces like Ali Baba, an experienced attorney can help you create a customized enforcement plan for your budget.

Settlement Negotiations

A cease-and-desist letter is just the start of the enforcement process. In trademark law, the number one goal is to stop the infringement from occurring, and that might often be on terms that are negotiated by both sides. For example, it could be as simple as the other side agreeing to stop using a trademark in exchange for your promise not to sue them for past infringement. It could involve a short phase-out period for the potential infringer to sell-off old stock. Having an experience attorney negotiate settlement terms can effectively provide long-term protection for your trademark.

Trademark Investigations

Sometimes the only way to know more about a potential infringement is to conduct an investigation before taking any action. Our attorneys conduct extensive research using cutting-edge technology to learn more about potential infringement and our staff conducts trademark investigations, including test purchase and pre-textual investigations to help make informed decisions regarding trademark enforcement.

Do you need assistance with trademark enforcement?