What to Do if Your Trademark is Infringed in Oregon

Trademark infringement is a serious issue that can impact your business reputation and bottom line. If you believe your trademark has been infringed upon in Oregon, there are specific steps you can take to protect your intellectual property.

1. Identify the Infringement

The first step is to confirm that an infringement has occurred. This involves comparing your trademark with the alleged infringing mark to assess the likelihood of confusion among consumers. Consider factors such as similarity in appearance, sound, meaning, and the goods or services offered under the marks.

2. Gather Evidence

Document all instances of the alleged infringement. This includes taking screenshots of online listings, saving advertisements, or collecting any other pertinent materials that showcase the infringement. Evidence is crucial for any potential legal action.

3. Contact the Infringer

Often, a direct communication can resolve the issue. Contact the infringing party with a cease and desist letter that clearly outlines your trademark rights and requests them to stop using your mark. Be polite but firm in your request, providing evidence of your trademark registration and use, if applicable.

4. Monitor for Compliance

After you send a cease and desist letter, monitor the situation closely. If the infringer complies, ensure that you keep records of communication and the actions taken. If they continue to infringe upon your trademark, further legal action may be necessary.

5. Consider Mediation or Arbitration

If direct communication fails, alternative dispute resolution methods like mediation or arbitration can be effective. These processes allow both parties to negotiate a resolution with the help of a neutral third party, often leading to a quicker and less costly outcome than litigation.

6. File a Lawsuit

If all else fails, you may need to consider filing a lawsuit in either state or federal court. Consult with an intellectual property attorney licensed in Oregon to understand the merits of your case and the potential outcomes. Your attorney will help you file the necessary documents and represent you in court.

7. Protect Your Trademark Moving Forward

After resolving a trademark dispute, take proactive steps to protect your trademark. Regularly monitor the market for potential infringements and consider registering your trademark with the U.S. Patent and Trademark Office to gain additional legal protections.

Handling trademark infringement can be complex, but taking systematic and informed steps can help protect your intellectual property and business interests in Oregon.