Trademark lawsuits

Protect your trademark: effective legal action

Is your trademark being misused or do you suspect an infringement of your intellectual property rights? At Letslaw we offer you a team of lawyers specialized in legal claims for the defense of your trademark, both in civil and criminal proceedings, ready to defend your interests.

What are trademark lawsuits?

Trademark lawsuits are fundamental legal tools to protect your rights as the owner of a registered trademark. At Letslaw we help our clients with the following types of actions: 

• Cease and desist action for trademark infringement.

This action seeks to immediately stop any unauthorized use of your trademark, whether on products, services, advertising or in the digital domain if:

• A competitor uses a mark similar to yours to sell identical products.
• A company uses your trademark in its advertisements without your consent.
• A web domain uses your trademark without authorization.

Lawsuit for trademark infringement:

Through a lawsuit you can request compensation for damages caused by the infringement, in addition to the cessation of the improper use of your trademark, provided that there is:

• Loss of customers due to confusion generated by the infringing trademark.
• Damage to the reputation of your trademark.
• Loss of economic benefits.

In addition to these actions, there are other precautionary measures that can be requested during the judicial process, such as:

• Provisional measures: these are urgent measures that are requested to prevent the damage caused by the infringement from worsening while the trial is being processed.
• Seizure of assets: the seizure of the infringer’s assets may be requested to guarantee the payment of a possible compensation.

It is important to note that each case is unique and the legal actions to be taken will depend on the specific circumstances.

In addition to the civil actions detailed above, there are criminal actions that may be taken in cases of trademark infringement when certain elements constituting a crime are present.

When can a criminal prosecution be initiated?

The possibility of bringing a criminal action for trademark infringement will depend on the specific legislation of each country and the specific circumstances of the case. However, fraudulent use of a registered trademark is generally considered a criminal offense when:

• There is a profit motive: the infringer seeks to obtain an economic benefit through the improper use of the trademark.
• There is significant damage: the infringement causes significant economic or reputational damage to the trademark owner.
• Other elements of the criminal nature are met: each offense has its own constituent elements that must be present for it to be considered committed.

Why should you hire a trademark lawyer?

• Expert knowledge: our lawyers have a deep knowledge of trademark law and related legal proceedings.
• Personalized strategy: we will advise you to develop a tailored legal strategy that suits your specific case and maximizes your chances of success.
• Representation at trial: we will represent you at all stages of the legal process, from the filing of the lawsuit to the execution of the judgment.

What should you do if you are suspicious of trademark infringement?

• Gather evidence: document all instances of unauthorized use of your trademark.
• Contact a lawyer: request a consultation with one of our trademark lawyers to evaluate your case and determine the best course of action.
• Act quickly: speed is essential in these types of cases to prevent the infringement from spreading and causing further damage to your trademark.

Do not allow anyone to usurp your rights. Trust Letslaw to protect your trademark and your business, with lawyers specialized in legal actions and trademark crimes.