When people think of famous products and companies one of the first images that come to mind is that of the company’s trademark. When someone thinks of McDonald’s they will likely think of the trademarked golden arches or the Big Mac. The trademarked symbol and product are synonymous with McDonald’s in most peoples’ minds. If another business was to open a hamburger chain with a similar logo and a similar sounding product people may mistakenly think they are in a McDonald’s. If that interloper were to make an inferior product it would harm McDonald’s reputation. If it were to make a decent product then it could steal business that rightfully belongs to McDonald’s. Thus, it is important for businesses both large and small to protect their trademarksfrom those that make seek to harm the business or piggyback off of its success.
In Texas there are Dallas trademark attorneys that specialize solely in trademark related issues. Many small businesses may think that a trademark isn’t necessary because they do not have brand recognition yet. This is dangerous thinking because any business could become successful in a short period of time. If the business becomes successful and has failed to register the trademark for its logo or product it is very possible for an unscrupulous company to come along and try to pass itself as being one and the same as the successful business to steal customers. Without proper protections in place it may be difficult to get such businesses to cease and desist. Therefore, it is important to discuss trademarks with competent attorneys at the inception stage of a business, before it is too late.
Even if a business took the right steps from the beginning, they may still need the assistance of trademark attorneys in the event of infringement. Intellectual property theft in the form of trademark infringements is a sad reality of modern business. Counterfeit versions of trademarked products is a normal occurrence and it may be necessary to hire attorneys to fight counterfeiting operations and other forms of infringement. It may be very difficult to calculate the damages associated with trademark infringement. For example, it may be necessary to determine if the infringement took place simply to profit off the business’ brand, or whether it occurred as a form of sabotage to harm the business’ reputation. The types of damages that may be owed to the business may be very different based on the type of harm inflicted. This is why seasoned attorneys need to examine every case of infringement and determine the damages that are owed. Once this is done it may be necessary to file a lawsuit or file a claim with an administrative body that governs the trademark in question. Complicated legal issues such as these need attorneys that are very familiar with the trademark in question. This is why it is so important to have attorneys working with the business from the beginning, so that they have the familiarity necessary to preserve the rights of the trademark in court.