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By Richard Gearhart
Founding Partner

How to Effectively Enforce Trademark Rights to Prevent Infringement

Understanding the Value of Your Trademark 

Trademarks serve as the identity of a business. It is imperative for businesses to understand the importance of trademark rights and the necessity of protecting them. A trademark attorney or a trademark lawyer can be instrumental in guiding businesses through the process of enforcing trademark rights.

We help our clients through the trademark infringement process if their trademarks have been violated. Call one of our experienced trademark attorneys at 908-273-0700 today for more information. 

Identifying Trademark Infringement

Trademark infringement is when a party, without authorization, uses a trademark that is identical or confusingly similar to a trademark owned by someone else, in relation to products or services which are identical or similar to the products or services which the registration covers. To establish trademark infringement, one must prove that there is a likelihood of confusion among consumers regarding who is the source of the products or services. 

Strategies for Trademark Enforcement

One of the proactive strategies for trademark enforcement is vigilant monitoring. Regularly monitoring the market for any unauthorized use of your trademark is vital in enforcing your trademark rights. Gearhart Law has a trademark watch service that many of our clients use.

Legal Actions and Notices 

Sending cease and desist letters is often the first formal step in enforcing trademark rights. These letters, usually drafted by a trademark infringement attorney, notify the infringing party of the infringement and demand an immediate halt to the unauthorized use.

Leveraging Technological Tools 

There are various tools available that can help in monitoring and protecting trademark rights. These include online services that track the unauthorized use of images, texts, and logos.

The Role of a Trademark Attorney

A trademark attorney can provide legal counseling on the intricacies of trademark law. They are well-versed with the different aspects of trademarks and can offer invaluable advice.

Handling Litigation 

In cases where litigation is necessary, a trademark lawyer is indispensable. They can represent you in court and ensure that the proceedings are carried out smoothly.

Trademark Infringement Damages

When successful in a trademark infringement lawsuit, a trademark owner can recover profits, damages, and costs associated with the infringement. 

How to Protect Brand Identity with Trademarks

The first step in protecting brand identity is registering your trademark. This ensures legal protection for the mark. The second step is actively enforcing your trademark, which includes searching for infringements and taking action when they occur. Next, it is important to educate employees and business associates about the importance of trademark protection. Some elements of education include: 

  • Legal implications

  • The significance of brand identity

  • Reporting procedures for potential infringements

Trademarks as Business Assets

Remember, trademarks are not just logos or names; they are vital business assets. A well-enforced trademark can be a company’s most valuable asset. It’s the armor and sword in the battle of brand identity.


1. What is the role of a trademark infringement attorney in enforcing trademark rights? 

A trademark infringement attorney helps in identifying infringement, sends legal notices, and represents the trademark owner in court if necessary.

2. How can I identify trademark infringement? 

By observing if someone is using a trademark that is identical or confusingly similar to your own, especially if it’s related to similar products or services which can cause customer confusion.

3. What are some common strategies for trademark enforcement? 

Some common strategies include vigilant monitoring, legal actions, cease and desist notices, leveraging technological tools for detection, and educating staff and associates.

4. What are the potential trademark infringement damages that can be awarded to a trademark owner? 

Trademark owners can potentially recover profits, damages, and costs associated with the infringement. In some cases, they may also be awarded attorney’s fees.

5. How can a business protect its brand identity with trademarks? 

By registering the trademark, enforcing it through constant monitoring, taking swift action against infringement, and educating staff and associates on the importance of trademark protection.

Finding the Correct Trademark Infringement Attorney 

Knowing when to seek help for trademark infringement is an important piece of protecting your business identity. Our trademark infringement attorneys at Gearhart Law are here to help you, and we offer a trademark monitoring service to our clients to search for cases of infringment against their trademark. Start protecting your business today by call us at 908-273-0700 for more information. 

The content herein is meant to be educational only and not to substitute for legal advice.  If you have a legal question please consult an attorney.

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About the Author
Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.