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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.”

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.

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