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A trademark lawsuit begins when the trademark owner files a complaint with a court alleging trademark infringement. Among other things, the complaint names the parties involved and sets forth the allegations that form the basis of the lawsuit.
To demonstrate priority at common law, the trademark statute requires that the mark be previously used in the United States (and not abandoned). The trademark statute (Section 45, 15 U.S.C, §1127) defines Abandonment in part as: "When its use has been discontinued with intent not to resume such use.
Trademark Common Law rights allow businesses to enforce their exclusive mark usage in business operations without being federally registered. To pursue a lawsuit, you must prove priority of use, showing that you were the first to use the mark in a specific geographic area.
How much does it cost to litigate a trademark? Trademark infringement lawsuits that advance to trial are estimated to cost between $375,000 to $2 million per case.
United States trademark law is mainly governed by the Lanham Act. ?Common law? trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts.
Common law trademark rights is applicable to most brands. However, it's especially important for brands that want to maintain their goodwill but don't want or need to federally register their mark. If you're a local brand but have no intention on expanding, then federal registration isn't as important.
If you have a business name, product name, tagline, or logo that you use regularly, you may have common law trademark rights?even if you have never registered your trademarks with any governmental agency. Trademarks are words, phrases, symbols, or sounds that you use to identify your business.
Trademark/Servicemark Publications/Forms Form NumberForm NameFeeTM/SM 15Trademark or Servicemark Application$10TM/SM 30Trademark or Servicemark Renewal Application$5TM/SM 35aTrademark or Servicemark Assignment Application$5TM/SM 35bTrademark or Servicemark Application for Change of Name and/or Address of Registrant$51 more row