Help! Someone Is Trying To Steal My Trademark
An entrepreneur wrote in about protecting his trademark from intellectual property theft:
“How do I trademark a name? Someone’s trying to steal my business’s name from me.”
Answer:
There are 3 different pieces:
1) establish a common law trademark.  This you have already done:
“Proprietary rights in relation to a trademark may be established through actual use in the marketplace.”
2) register a trademark.  A trademark can be registered through the U.S. trademarks office.  You do not have to do this; however, it may help in legal proceedings.
3) defend your trademark.  You should document your attempts to defend the trademark.  This can be done through a lawyer or you can start on your own.  Normally, we start by issuing a Cease And Desist letter.
