Enforce Trademark Even Though Not Registered?

Posted by Michael Shimokaji | Jan 19, 2018 | 0 Comments

QUESTION: Can I enforce a trademark infringement if I have not registered my trademark? I created an item that I sell. Recently, I discovered someone has copied my item. I created the design, mark, and text. This person is claiming their item is the original and mine is fake.

ANSWER: Yes. If you are using a trademark, you have trademark rights that can be used to stop infringers.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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