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Preparing for trademark litigation 

Dec 13, 2023 | Copyright & Trademark Litigation and Applications

For businesses, trademarks are valuable assets, often embodying a brand’s identity and reputation. Unfortunately, trademark disputes are not uncommon in competitive markets. As a result, companies often find themselves either needing to initiate litigation to safeguard their trademarks or to respond to allegations that they are trampling on the rights of another company’s mark. 

Preparing for trademark litigation is a critical process that requires careful strategy and foresight. As a result, it is generally wise to seek legal guidance if you are a business owner and either initiating or responding to trademark litigation becomes necessary. 

Steps worth considering

The first step in preparing for trademark litigation is to have a clear understanding of your rights. Trademarks can be words, phrases, symbols, designs, etc. that identify your company’s goods or services and distinguish them from others. It’s crucial to understand the scope of your trademark registration, including what it covers and any limitations to which it may be subject. 

Before moving forward, conduct a comprehensive investigation. Gather all relevant evidence that demonstrates your trademark’s use, its distinctiveness and any instances of alleged infringement. This may include sales data, marketing materials and documentation of your trademark’s history.

You’ll also want to consider the public relations aspect of trademark litigation. How you handle the litigation can impact your brand image. It’s often advisable to keep the matter as low-profile as possible to avoid negative publicity.

Trademark litigation can be expensive and time-consuming. It’s a path that should be navigated with careful consideration. By engaging knowledgeable legal guidance, you’ll place yourself and your company in the strongest position to protect your brand and business interests.