Publication date: 28.04.2025
Experienced Law Specialist with a demonstrated history of working in the law practice industry. Skilled in International Law and Joint Ventures. Strong legal professional with a Bachelor of Laws focused in Jurisprudence from Yaroslav Mudriy National Law Academy of Ukraine. Specializations: Copyright Law • Entertainment Law • Intellectual Property Law • Legal Consulting • Startup Law • Business Law • Trademark Law
Trademark Protection in the USA: How a Lawyer Helps Prevent Unfair Use
Protecting a brand in the United States is a strategically important part of entering the American market. Without proper registration and protection, your trademark can be misused by third parties without your consent, leading to loss of customers, reputational damage, and significant litigation costs.
Lawyer Olena Yaremchuk, an expert at the "Consultant" legal marketplace, supports companies at all stages of brand protection in the USA. One recent case demonstrates how a professional approach allowed a client to quickly stop unfair use of their trademark on Amazon and eBay.
Case Summary
A client, who owned a popular Ukrainian clothing brand gaining international traction, discovered that their trademark was illegally used by an American seller. There was a real threat of losing brand rights in the USA.
Solution Stages
1. Initial Audit and Consultation
At the first stage, Olena:
- Verified existing registrations in the USA through the USPTO TESS database
- Identified risks of continued brand use without legal protection
- Developed an emergency registration and legal response plan
2. Trademark Registration in the USPTO
The registration procedure included:
- Preparing an international application under the Madrid Protocol
- Submitting a direct application via TEAS Plus to USPTO
- Responding to USPTO office actions
- Publication of the brand for potential opposition
- Receiving a registration certificate upon successful completion
Olena also registered the brand with Amazon Brand Registry, providing additional protection against counterfeits.
3. Fighting Infringement
Actions to eliminate the infringer:
- Sending cease-and-desist letters warning of legal liability
- Filing complaints via Amazon, eBay, and other marketplaces
- Negotiating voluntary cessation of infringement
- Preparing a lawsuit if voluntary settlement failed
Case Results:
- Successful trademark registration in the USA
- Removal of the infringer from marketplaces within 30 days
- Enhanced brand reputation internationally
Why Monitor the Brand After Registration?
- Timely detection of new infringements
- Preventing registration of similar trademarks
- Preserving exclusive brand rights
Main Risks Without Trademark Registration in the USA:
- Inability to file a lawsuit against infringers in the USA
- Loss of exclusive rights to the brand in the USA
- Risk of being forced to rebrand in the U.S. market
Photo — Proof of the stage of registration:
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Frequently Asked Questions
Question
Is it enough to register through the Madrid Protocol for protection in the USA?
Answer
Yes, but direct filing with USPTO gives more control over the process and faster registration.
Question
Do I need to renew the trademark registration in the USA?
Answer
Yes, the registration must be maintained by filing declarations between the 5th and 6th year, and every 10 years thereafter.
Question
What are the risks of brand misuse without registration?
Answer
Without registration, it is difficult to stop infringement or claim damages in a U.S. court.
Thanks to the comprehensive efforts of lawyer Olena Yaremchuk, the client successfully protected their brand in the USA. Trademark registration, rapid legal actions, and continuous brand monitoring ensured the business's security and growth in one of the world's largest markets.
