Riverside Trademark Infringement Lawyer

At The Kinder Law Group, we understand the importance of brand identity when it comes to building a loyal customer base. Registering your trademark is not only a viable tool to protect your company’s IP, but it can also help your company stand out in an otherwise saturated market. The unfortunate reality is that there will always be competitors who attempt to trade off of your hard work for their own gain – and one of the ways they do that is by misusing your trademark.

Trademark infringement is not only detrimental to your sales and market share, but it can also damage the trust of your loyal customer base. Infringing on your goods or services can steal the goodwill of your business by deceiving customers into purchasing counterfeit or otherwise inferior products and services. When customer trust is lost, this is highly detrimental to your business.

If you believe another party is infringing on your trademark, the team at The Kinder Law Group can help.

Defining Trademark Infringement in Riverside

Even one event of trademark infringement can ruin your business’s reputation and success. According to the U.S. Patent and Trademark Office, or USPTO, trademark infringement is defined as the “unauthorized use of a trademark or service mark or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.” It can be helpful to understand these definitions, including the following key aspects:

• Unauthorized use. The authorized use of a trademark can include use by the owner of the trademark, along with others whom the owner of the trademark has offered permission to use said trademark. When a party has not been given authorization, they are guilty of infringing on the trademark.

• On or in connection with goods and/or services. When a party infringes on the trademark of another, the infringing party must use this trademark on or in connection with goods and/or services. This could include placing your trademark on their packaging for a product similar to yours, such as a bag of coffee beans or a piece of tech equipment. It can also be done on materials used to promote the sale of a service, such as by using a logo to market lawn care or tree removal.

• Causing confusion or deception. Lastly, when trademark infringement occurs, it must be done in a way that causes consumers or potential clients to suffer confusion or become misled or deceived in regard to the source of the product or service.

In every trademark infringement case, these specific elements can vary depending on the facts of your case. When you sit down with the attorneys at The Kinder Law Group, we can review your case and explain to you what issues may arise in your case and how we can correctly address them, whether you have been accused of trademark infringement or are the accusing party.

How to Watch Out for Possible Trademark Infringement

If you believe your unique trademark is being infringed upon, our lawyers are here to help. We can help to hold the guilty parties accountable for their actions and for violating your trademark rights by building evidence showing the person committing the act of trademark infringement. While the internet might be a useful tool for pirates to infringe on your trademarks, it can also be used to our benefit when it comes to monitoring for potential infringement.

At The Kinder Law Group, we recommend using the following tools to monitor your registered trademarks:

• Google Alerts. One of the greatest tools you have at your disposal to watch out for possible trademark infringement is Google Alerts. The manual monitoring of Google can waste a lot of time that could be spent on other avenues of your business and brand protection. Instead, set up Google alerts regarding your brands and businesses. This can help you become notified when new and illegal uses are found online.

• Google Ads. In order to capture and deceive existing and potential customers, competitors will try to use your trademark to target unique keywords. Google Ads can help you keep a close eye on who is doing this. Through Google Ads, you can monitor who is using your trademarks in the text of an online ad.

• Google search. Though time-consuming, scrolling through image and text searches on Google can be helpful in identifying any potential cases of trademark infringement your company may be suffering from.

• Amazon search. One of the fastest-growing issues in trademark infringement is the use of such activity on Amazon. It can be smart, therefore, to conduct searches on the site for your trademarked products. Even when an Amazon seller uses your brand identification to improve their own search and sales results, this can be considered a misuse of your unique trademark.

• Industry newslines. In most cases of trademark infringement, the infringement will originate in your specific field of industry. Therefore, it is important to stay up to date on your unique industry’s news and be watchful of any trademark misuse.

Monitoring trademark infringement, particularly online, is vital as it will allow you to take prompt action against any guilty party. If you find any evidence of trademark infringement, the right thing to do is to reach out to the attorneys at The Kinder Law Group, who can review this evidence and begin walking you through the process of a trademark infringement case.

Legal Remedies Available for Riverside Trademark Infringement

In 2019, 85% of surveyed companies claimed that they experienced some kind of trademark infringement. If you have been the victim of trademark infringement, there are several legal remedies you may be able to pursue, including the following:

• A recovery of the profits, if there were any, made by the infringing party who misused your trademark;

• Damages, including treble damages in certain situations;

• An injunction that works to prohibit the infringing party from continuing their infringement;

• A recovery of all the costs related to bringing forward an infringement action;

• In certain cases, the courts may order that all infringing items be destroyed or turned over to the court; and, among other things,

• Attorney fees, in certain situations.

When you work with an attorney to recover damages and hold the infringing party accountable, your lawyer can anticipate the common arguments or defenses typically made by the opposing side and build you a case to receive full and complete compensation from the very beginning.

The Trademark Process

Registering and enforcing a trademark is a vital step for any business or start-up in Riverside. However, the trademark process can be confusing and complex. At The Kinder Law Group, we are here to offer you legal assistance no matter what your case may entail. From guiding you through the initial registration process to ensuring you have all the correct forms and documentation filed on time, we are here to serve and protect your brand identity.

When you work with an attorney at The Kinder Law Group, we can help you in the following ways when it comes to the trademark process:

• Step one. First, we can conduct a trademark search to ensure that your proposed trademark is not currently being used by another business or entity.

• Step two. We can prepare and file your trademark application should the trademark be available. Our attorneys will ensure that your trademark submissions are done accurately and on time.

• Step three. We will review and evaluate, consult with you and respond to any office actions by the U.S. Patent and Trademark Office or oppositions by third parties. Our attorneys will be there with you every step of the way and can help handle any legal challenges that may arise.

• Step four. Lastly, we can monitor and enforce your trademark rights. If you believe your trademark is being infringed on, we can help you take legal action against this unauthorized usage.

Speak with a Riverside Trademark Infringement Lawyer Today

Whether you suspect that another party is infringing on your trademark or you have been accused of infringing someone else’s trademark, the team at The Kinder Law Group is here to help. Contact our offices today to set up a consultation and see how our firm can assist you.