Help! I received a message from someone saying i’m using their trademark and have to stop……
Welcome to the Trust Pact where I’m sharing all the deets to help you legally protect your brand. I want you to make and KEEP these coins. There are lots of legal tools in place, and I’m here to help you understand them.
Oh no.. the message that NO ONE EVER wants to receive. But, before you deactivate your social media pages, take down your website, throw out your product labels, and SCREAM…. read this blog. So, go ahead and bookmark this one just in case you’re ever faced with this exact scenario.
First thing first- TAKE A SCREENSHOT! Actually, take several. One of the messages, their profiles, website, product offerings and create a folder with everything in it.
Then, immediately hit up your trademark attorney. If you don’t have one.. Now is the time to get one. I DON’T recommend trying to navigate this with a DIY approach. Trademark law can be complex, and an attorney will know and understand the law.
The person sending you messages may be using a trademark watch service, but doesn’t understand how to analyze the hits (because they aren’t a trademark attorney.) For example, you may have a similar mark but your businesses are in separate areas and there is truly no risk of confusion.
Your business is worth protecting and we don’t want to risk you making any admissions or agreeing to anything prematurely. You’ve worked hard to establish your brand. I don’t want you to rebrand unnecessarily, just because someone sent you a DM saying you have too!
Your response is determined based on the notice that you’ve received. If you’ve received an official cease and desist letter, or WORSE a lawsuit… then that means that person was likely serious about their shit, and you should be, too. If you received a cease and desist letter, contact an attorney to ensure that the claims are valid and provide you sound legal advice about your specific case. Failing to comply with a valid cease and desist letter can have pretty significant legal consequences.
Often, the most practical option is to stop using the mark and rebrand. Sometimes, you can reach a resolution with the other party that will allow you BOTH of you to use the mark.
Most of my trademark clients are coming to me after starting businesses without conducting a comprehensive trademark search. They’re popping up all over social media and they’re finding themselves with valid cease and desist letters. Or they’re deciding that since they’re finally making some real coin, they want to legally protect their business. Only to find out that the brand they’ve been building already belongs to someone else.
This is why conducting a comprehensive trademark search BEFORE you start your business is best practice. Legally protect your ideas before someone else snatches them up! This is also why having an NDA before you mention it to even your most trusted friends is a great idea! In order to get and KEEP these coins, we have to be serious about our shit!
If you’re ready to protect your brand, tap here to start your trademark registration service. Make sure you check out my service guide to learn more about the trademark process and how my firm works. To ensure that each client receives the attention they deserve, I only take 12 trademark clients per month, and slots go FAST!
If you’re not quite ready to make the investment, but you still want to make some efforts to protect your business, grab my free guide to conduct your own initial trademark search.
The information provided through the Trust Pact and social media are for informational purposes only. Nothing here should be taken as legal advice. Reading and/or engaging with this post does not create an attorney-client relationship. Do NOT comment or send me specific details about your legal situation via social media because I can’t guarantee confidentiality over those platforms. But, if you are ready to protect your business and brand, book a discovery call, and let’s get you together!
