Obtaining a trademark is only the first step in protecting that trademark. In order for the trademark to continue to be in effect and protected, you have to control the use of your trademark. Escalator and aspirin are both generic terms that are used to describe a moving set of stairs or an over-the-counter pain pill. But both of these items were once trademarked terms where the owner lost control of the trademark because they failed to control the use of their trademark. If you are looking to ensure you control your trademark, a trademark attorney can help. Here are a few of the things a trademark attorney can do to help you control the use of your trademark.
Ensuring Your Trademark is Being Used By Your Business
One of the ways that a trademark attorney can control the use of your trademark is to ensure that the trademarked item is being used by your business. You cannot trademark a word, logo, or tone and then never use it. In order for the trademark to be valid, your business needs to continue to make use of the trademark. An attorney will ensure that the trademark is used properly to ensure you continue to control the trademark.
Authorizing the Use of the Trademark
In some cases, you may authorize a business or company to use your trademark. They may have purchased the right to use the trademark either for a short period of time or a long period of time. A trademark attorney from a firm like Lingbeck Law Office can draw up the legal contract granting the authorization for the use of the trademark and the agreed upon terms associated with these contract. If the trademark is used longer than authorized or in a way that is not authorized, the lawyer will fire off a cease and desist letter or bring a lawsuit about to ensure you retain control of the trademark.
Shutting Down Unauthorized Use of the Trademark
The last way a trademark attorney will control the use of your trademark is by looking for unauthorized use of trademark or logos and slogans that may infringe on your trademark. If you allow companies to use your trademark and turn a blind eye, you can lose control over your rights to it. An attorney can take legal action to stop the unauthorized use of your trademark and help you retain control over it.
Controlling the use of a trademark is extremely important. If you have questions about obtaining a trademark or controlling an already issued one, talk to a trademark attorney before it is too late.