How to move forward with a trademark infringement claim

How to move forward with a trademark infringement claim

On Behalf of | Aug 8, 2023 | Non-Profit Organizations

Your organization’s intellectual property, including any trademarks that serve a source-identifying function, carries a significant amount of value. After all, it helps you build goodwill and trust among the community and those you serve.

Yet, intellectual property is infringed upon and misused all the time. If this happens to your trademarks, negative associations between your marks and your nonprofit can be generated, thereby harming your organization. That’s why if you suspect that your mark is being infringed upon, you need to take legal action to bring it to a stop.

How to pursue a trademark infringement claim

Your formal legal action is going to start with the filing of an infringement claim. Depending on the facts surrounding your mark, you might be able to bring your suit in state or federal court. Either way, when you file your claim, you’ll have to specify a number of things, including:

  • The mark in question
  • When you acquired ownership over it
  • The identity of the individual or business accused of infringement
  • The facts supporting a finding of infringement
  • The specific legal grounds supporting your claim
  • Identification of how the alleged infringement has harmed you
  • The type of relief that you seek

Before you file your claim, it’s a good idea to gather as much evidence as you can. You might also want to send a cease-and-desist letter to see if you can stop the infringing use and protect your interests prior to filing your claim. If you’re successful there, your claim can focus on the damage that you have suffered.

Don’t be riddled by confusing trademark infringement issues

Your trademark infringement issue could be more complicated than you think. That’s why it’s a good idea to develop a sound legal strategy in consideration of the challenges that you might face before moving forward with your case. You can also educate yourself on this area of the law and the ways that you can find the support that you need. By doing so, you will have taken all of the steps necessary to protect your organization’s interests.