Jackson Law Firm

What happens when a company copies your trademark?

Developing goods or services that allow you to provide unique offers to consumers is an important part of growing your business in Houston, Texas. To protect these from other businesses and maintain your niche in the marketplace, you can file for a trademark with the U.S. Patent and Trademark Office. If another company creates a similar mark or brand that leads customers to believe they are getting your product or service, that company could be guilty of trademark infringement, which is unfair competition and is against the law.

According to the USPTO, you have the right to file a civil action against the company that you believe has committed trademark infringement. In court, you will have to prove the following:

  •          You own the mark
  •          You created it first
  •          The copy is likely to be mistaken for yours on the market

The judge will also evaluate other factors, such as how much the marks resemble each other, the similarities between your products or services and the other company’s, how and where those are marketed, and the range of potential customers. Some business disputes over trademarks involve whether the similar mark has the possibility to connect your company with an objectionable product or service.

If your lawsuit is successful, the court will order the other company to stop using their version of your mark, and may require them to destroy all the infringing items. You may also receive monetary compensation for the profits lost and court fees. This information about trademark infringement is for educational purposes only and is not intended to be taken as legal advice.

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Assist You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy


The Jackson Law Firm
3900 Essex Lane, Suite 1116
Houston, Texas 77027

Toll Free: 877-475-3058
Phone: 713-522-4435
Fax: 713-527-8850
Map & Directions

Office Map