Did you know that the United States Patent and Trademark Office (USPTO) does not enforce your trademark rights for you, and it does not notify you if someone is infringing upon your registered trademarks?
Failure to enforce your trademark registrations may result in the total loss of your legal rights to protect your brand, which is often your most valuable (and hard-earned) asset as a business owner. Absent intellectual property protection, your competition could copy all your products, branding, and processes.
For small businesses, trademark battles can lead to make-or-break situations. In 2016, a South Korean fried chicken restaurant named Louis Vuiton Dak lost a trademark battle with French designer Louis Vuitton.1 In addition to the name infringement, the restaurant’s logo and packaging closely paralleled the designer’s iconic imagery. The restaurant was ultimately hit with another $14.5 million fine for non-compliance, after changing its name to LOUISVUI TONDAK immediately after the first ruling.
From beginning to end, a full-blown trademark infringement lawsuit can cost an average of $250,000 in attorney fees.2 Luckily, the attorneys of Garcia-Zamor are here to help you protect your rights and save you money. TRADEGUARD® is a service designed to give you peace of mind, protecting your brands and your wallet.
TRADEGUARD® Services are available in three tiers:
- TRADEGUARD®
- Month-to-Month Plan
- $500 per month
- TRADEGUARD® PLUS
- Six-Month Plan
- $2,700 for six months
- TRADEGUARD® Premium
- 12-Month Plan
- $4,200 for one year
While it may be tempting to go without TRADEGUARD® and only pay for legal services if you need them, you may find yourself paying much, much more in the long run. In addition to helping you monitor the marketplace, TRADEGUARD® will help you save money during the enforcement process. Every subscription to the service comes with a free thirty-minute phone call with your attorney so that you can discuss options and receive advice on how to proceed in case of trademark infringement. Other law offices will charge you expensive consultation fees just to discuss your situation!
With TRADEGUARD® PLUS, it is often relatively simple to enforce your trademarks and secure your branding from imitation by competitors. With this plan, you’ll receive one free cease-and-desist letter, which will often put an end to your problem without further action. You will also receive one free filing of a trademark opposition or cancellation petition, which initiates legal inquiries with the USPTO. Infringers often seek to settle a dispute before any USPTO hearing.
If you anticipate more legal infringements of your trademark due to the competitive nature of your industry, TRADEGUARD® PREMIUM is the option for you. This yearly subscription will come with three free cease-and-desist letters and/or trademark opposition or cancellation petitions. This can be a massive savings for you and can give you a fantastic sense of security. While hopefully this will be enough to stop any infringement violations, you can rest assured that the attorneys of Garcia-Zamor will protect you if further legal enforcement is necessary. TRADEGUARD® PREMIUM will also give you 25% off further legal fees.
Hiring the attorneys of Garcia-Zamor will ensure that you have the tools to stop knockoffs and imitators before they start eroding the value of your brand. Don’t wait to find out that you have lost control of your valuable intellectual property.
Contact us at 410-531-9853 or info@garcia-zamor.com to learn more.
1 “Louis Vuitton fried chicken” owner fined in South Korea. (2016, April 19). Yahoo! News. https://www.yahoo.com/news/louis-vuitton-fried-chicken-owner-fined-south-korea-032127970–finance.html
2 Anvil Media. (2018, October 5). Trademark Infringement Lawsuits Can Cripple a Small Business | Veritas Business Law, LLC. Veritas Business Law. https://veritasbusinesslaw.com/518-2/
