Written by Jan Buza
Co-founder of Trama
If the copying creates consumer confusion about the source of goods and services, then yes, a trademark gives you the legal grounds to act against the infringement.
But consumer confusion depends entirely on the nature of the copying. For example, posting similar content on social media would not be considered as sufficient grounds, while a competitor changing their logo or brand name to mimic or impersonate your brand is exactly the kind of situation that a trademark will help you resolve.
Even if the current copying does not meet that threshold, registering a trademark is advisable to prevent infringement by other parties in the future. A registered trademark would, for example, allow you to send a cease and desist letter requiring a competitor to stop using infringing elements.
What is the difference between the ™ symbol and the ℠ symbol?
What's the difference between a trademark, a patent and a copyright?
Can I file a trademark application if I'm not currently selling any products?
Should I get a trademark when I start my business, or should I do it later?
Can I register a trademark later if I can prove I was using it?
What requirements must a mark meet to be eligible for registration?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
