When another business takes advantage of one’s logo, slogan or other trademark, a simply request to stop may not be enough. It is not uncommon for the other business to insist that it did not commit trademark infringement, or that it had permission to do so. Here are some issues a business owner in Georgia might want to be aware of when dealing with possible trademark infringement.
It is important to first figure out whether something is a legitimate example of trademark infringement. One business sharing the name of another might not be a problem if it is in a different line of business. This is because trademarks are intended to eliminate any confusion that customers might have. A customer going to an IT help company would probably not confuse it with a lawn care business of the same name.
But in instances of actual trademark infringement, the average small business owner in Georgia might not be sure whether he or she has any legal standing. For example, he or she might not have ever registered a logo or business name with the U.S. Patent and Trademark Office — USPTO. While registering a trademark can afford another level of protection, simply using that logo or name in a business setting is all it takes to establish its trademark.
It can be extremely upsetting to learn that another business has used one’s own trademark. Customers might have even already expressed confusion about which business is which, and poor service at one could also influence the reputation of the other. There is a lot on the line in this situation, so it may be advisable to speak with an experienced attorney about one’s options.