Defend Your Trademark Or You Could Lose It

- David H. Schwartz

A great deal of work and expense goes into developing a brand. The brand represents you and your company. You have taken the proper steps to trademark your intellectual property and register it. That’s good, but it may not be sufficient to preserve the value of your brand. 

The value of your Mark resides in the law giving you the privilege of exclusive use of the mark. Marketing, branding, and protecting your intellectual property doesn’t end with registration. Failure to take necessary steps to prevent infringement of that mark by others could result in your losing your exclusive right to use of the mark – the essence of its value.

You can lose your exclusive proprietary interest in a mark if it is not properly defended.
Although a trademark can be recognized at common law, your best protection comes from using a registrable mark and getting it registered with the United States Patent and Trademark Office. The trademark or service mark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others. If you don’t keep aware of who is using your mark or a mark substantially similar to yours, your mark may become commonplace in use, fall into the public domain and you will lose your exclusive right to use it.


Failure to adequately police the unauthorized use of your mark or similar marks that may be confusing to the customer or client will result in the unauthorized use of the mark degrading the value of your exclusive right. Ultimately, failure to police unauthorized use can result in your losing the legal right to enforce the mark against unauthorized third-party users.


The Law Offices of David H. Schwartz, Inc. can advise you as to the best way to address unauthorized use of a mark, how to stop the unauthorized use, and how to protect your legal interest in the mark. The goal of the firm will be to achieve results in a cost-effective and efficient manner. To learn more contact the Law Offices of David H. Schwartz, Inc., through our online form.

David Schwartz mobile

David H. Schwartz

San Francisco attorney David H. Schwartz has handled complex business and commercial litigation cases for Bay Area and California businesses and individuals for more than 30 years. His professional devotion has resulted in precedent-setting cases. He is the author of "Civil RICO Against Fraudulent Enterprises," which appears in the legal text Civil RICO Practice: Causes of Action.

Other Recent Posts