Trademarks can be secured and protected with secureyourtrademark.com. A trademark can be one of the most important aspects to a company, that’s why it’s worth defending and not giving up so easily when it comes under attack. But not all is lost if that happens, there are things that can be done to protect your trademark:
The most common way registered trademarks come under attack.
A cease and desist letter is most commonly what other businesses use when challenging another business’s trademark. This letter demands that you stop the use of your trademark immediately, or face consequences if you refuse to do so. In some cases, the cease and desist letter will also demand that you pay money to the company who’s demanding you cases and desist your trademark. If your trademark is in the registration process, the cease and desist letter will demand that you cancel it. To defend against a cease and desist letter; you can investigate the claims and either draft a response, seek a settlement, or proceed in court.
Trademarks going through registration can also come under attack.
While your trademark is in the process of getting registered, another company can file a Notice of Opposition. If this happens, you can; negotiate with the opposing business to come to a resolution so that the registration of your trademark can proceed or respond legally. If no agreement between you and the opposing person or business can be reached, the claims will have to be taken to court.
Your trademark can be petitioned to be cancelled.
If a person or company believes that your trademark threatens their trademark, is confusingly similar to their trademark, or believes that your trademark has been abandoned and wants you to cancel it so they can use a similar trademark; they can file a Petition for Cancellation with the Trademark Trial and Appeal Board of the USPTO. To defend against this; you must file a written response that opposes the cancellation within 40 days or reach an agreement with the petitioning company.