Put simply, a trademark is intended to inform potential buyers who owns the product or service on sale, along with offering attributions toward the product’s or service’s quality. With this being a very important tool, the Lanham Act of 1946 was established so that owners can protect their trademark rights at all costs, even if this means starting a civil lawsuit. Continue reading to learn how the Lanham Act is relevant for your business and how an experienced Missouri trademark litigation lawyer at FortmanSpann, LLC can help with this protection.
What is the Lanham Act?
First of all, the definition of a trademark is a designation that distinguishes your product or service from that of a competitor. Examples of what you may trademark to distinguish your business include the following:
- Your business’ name.
- Your business’ logo or label.
- Your business’ symbol or design.
- Your business’ color or sound.
- Your product’s or service’s name.
- Your product’s packaging.
And once you register your business’ mark with the United States Patent and Trademark Office, you will be granted federal trademark protection. With this comes the Lanham Act. This act is the primary federal trademark statute of law in the United States. Essentially, it will provide you with a national system of trademark registration. And thus, it protects you and your federally registered mark against a competitor infringing upon your mark, diluting your mark, falsely advertising your mark, or otherwise any activity that may create buyer confusion.
How is the Lanham Act relevant to my business?
As a business owner, the Lanham Act is a powerful tool at your disposal, as it offers you extensive leverage against a competitor who is infringing on your trademark. And so, if this is your case, you may pursue a civil lawsuit against your competitor, along with potentially recovering damages. That said, the following are examples of federal law violations that may constitute your lawsuit:
- Your competitor is copying or duplicating your business’ logo and/or tradename.
- Your competitor is adopting a mark that is significantly similar to yours (which can be seen as an intentional attempt to confuse buyers at the time of purchase).
- Your competitor is continuing to use your mark after their license agreement or franchise agreement has expired.
Even if the roles are reversed, and you are being accused of violating the Lanham Act, a skilled Missouri trademark attorney is ready and willing to come to your defense. So regardless of what your case may be, you must consult with our firm today. We look forward to hearing from you.