Trademark issues can create major setbacks for your business. Whether you’re launching a new brand or have been established in your market for years, your intellectual property, especially your trademark, is one of your most valuable assets. With that in mind, here’s everything you need to know about trademark infringement in Texas, including how to protect your business and take legal action against perpetrators.
What Is Trademark Infringement?
Trademark infringement occurs when another party uses a mark that is confusingly similar to yours without permission. It can take many forms, including the use of your:
- Business name
- Logo
- Slogan
- Other brand identifiers.
These types of disputes are handled under both federal law and Texas state law, depending on the circumstances and registration status of your trademark. To prove infringement, you generally need to prove the following:
- You own a valid trademark.
- The other party is using a similar mark in commerce.
- The use is likely to cause confusion among consumers.
Even if you haven’t registered your trademark, you may still have legal recourse. However, trademark laws can be incredibly complicated, which is why you need to seek experienced legal representation as soon as possible.
Why Texas Businesses Are Vulnerable
Texas is home to a thriving economy, particularly in cities like Houston, Dallas, and Austin. Every year, new businesses are launched across the state, which creates the potential for overlapping or confusing branding.
Some instances of trademark infringement may be subtle and, at times, truly unintentional. However, some acts of trademark infringement are egregious and intentionally meant to use your brand’s reputation to lure in unsuspecting customers.
If you find yourself in the midst of a Texas trademark dispute, The Weisblatt Law Firm, PLLC, is here to help. As an experienced business litigation attorney, Andrew Weisblatt provides aggressive legal representation to enforce your rights. Give us a call for a free phone consultation or book an appointment today.
Steps for Protecting Trademarks in Houston
Protecting trademarks in Houston involves three key steps.
Conduct a Thorough Search
If you are launching a new venture, conduct a thorough search of existing trademarks and business names. You need to search both state and federal databases. This process can be tedious and time-consuming.
You don’t want to waste time, money, and resources on branding and logo creation only to find out that the images and themes you chose are already trademarked. An experienced business lawyer can assist with your search so you can ensure that the name, color scheme, and logo you are considering are available for use.
Register Your Trademark
Next, you need to register your trademark with the Texas Secretary of State and the United States Patent and Trademark Office (USPTO).
Federal registration provides nationwide protections against infringement. However, registering at the state level offers additional protections. Additionally, registering with the secretary of state is faster, meaning you may be able to get your trademark approved while awaiting a response from the USPTO.
Monitor and Enforce Your Trademark
Once you register your trademark, it’s your responsibility to monitor its use. Watch for potential infringements by periodically searching the marketplace and online platforms. If you suspect infringement, consult a Texas trademark attorney who can help you evaluate your options.
Remember, your trademark is more than slogans and logos. It is a part of your brand identity. Other businesses should not be able to benefit from the reputation you’ve built by exploiting your trademark.
What to Do if You Suspect Texas Trademark Infringement
If someone is using a mark that is similar to yours, you should:
- Document the infringement with screenshots and collect any marketing materials the violator created.
- Contact a business attorney familiar with trademark laws in Texas.
- Send a cease-and-desist letter if appropriate.
In many cases, the other party will stop using your trademark without the need for litigation. However, if your attempts at an informal resolution fail, you may need to file a lawsuit. Potential remedies for infringement can include an injunction, monetary damages, and even recovery of legal fees in some situations.
Call (713) 666-1981 today. Business attorney Andrew Weisblatt will provide a free phone consultation.
Why Legal Guidance Matters
Trademark disputes can be complex and infuriating. After all, someone is taking advantage of your hard work and exploiting your brand reputation. A Texas business attorney can approach these situations objectively and help you understand if your rights have been violated. Similarly, a trademark lawyer can provide timely guidance if you’re accused of infringing on someone else’s brand.
Consequences of Not Protecting Your Trademark
Failing to register and enforce your trademark can lead to long-term issues such as the following:
- Loss of brand recognition
- Customer confusion
- Damaged reputation
- Expensive rebranding efforts
- Legal liability.
Even if your business is brand-new, you should consider registering your trademark. As your business grows, having trademark protections in place can help you avoid costly legal battles.
Common Myths About Trademark Protection in Texas
There are several misconceptions that can lead Texas business owners down the wrong path. Here are some myths to be aware of:
- “I registered my business name with the state, so I’m protected.”
- “I own the domain name, so no one else can use the brand.”
- “If I don’t see anyone else using it, I’m in the clear.”
The truth is that:
- Registering your business name is not the same as registering a trademark.
- Owning a URL does not automatically grant you exclusive use of a name or mark.
- Some trademarks may not be visible through a quick online search, especially if you are only reviewing Texas databases.
Remember, trademarks registered with the USPTO are protected at the federal level. Just because you don’t see anyone using a mark or logo in your market does not mean the name or image are available.
How to Avoid Infringing on Others
Just as you want to protect your own brand, you must also ensure your business does not infringe on someone else’s trademark. When choosing names, logos, and slogans, consider the following preventive actions:
- Working with a trademark lawyer to conduct a clearance search
- Avoiding names or visuals that resemble existing brands
- Steering clear of famous or established marks.
Even unintentional trademark infringement can have serious legal consequences. Be proactive before launching a product or service so you can avoid disputes.
When Litigation Becomes Necessary
If you reach out to a business owner who is infringing on your trademark and they do not respond to a cease-and-desist letter, you may need to escalate the matter. An experienced business attorney can help you explore your options and file the claim in the appropriate court. Trademark disputes can take time to resolve, but protecting your brand is worth the effort.
Why Choose a Houston Business Lawyer for Trademark Protection?
Protecting Houston trademarks can be complicated. Working with a local business attorney who understands your market can help you achieve a prompt resolution to the dispute.
Before choosing a Houston business lawyer to represent you in your trademark dispute, it’s vital to do your homework. Read testimonials to ensure the attorney has experience with business disputes and possesses the knowledge to provide fierce representation.
Connect With The Weisblatt Law Firm, PLLC
The Weisblatt Law Firm, PLLC, focuses exclusively on legal matters involving entrepreneurs and Texas businesses. If you need assistance filing for a trademark or believe someone is infringing on an existing trademark, attorney Andrew Weisblatt is here to help. Our clients appreciate our focused and solutions-driven approach.
Do you have questions about Houston trademark protection? The Weisblatt Law Firm, PLLC, can help. As a knowledgeable business lawyer, Andrew Weisblatt knows what it takes to enforce your rights and protect the reputation you’ve worked so hard to build.
Call (713) 666-1981 for a free phone consultation with business attorney Andrew Weisblatt.
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio
