Nowadays, trademark infringement claims are becoming more widespread. Some of these accusations are reasonable grievances leveled against web users who are unfamiliar with the law. Some, on the other hand, are ineffective because they charge trademark infringement in situations where infringement is unlikely to be found.
Trademark infringement is a serious topic and as a business owner or a label owner, you should be well equipped with its knowledge. This article will talk about trademark infringement in general and help you get the answers you seek about the issue.
What does trademark infringement mean?
The unauthorized use or copying of a trademark, such as a logo or brand symbol, is known as trademark infringement. It’s pretty similar to infringement of a service mark. Clothing producers attaching brand labels to generic items in an attempt to pass them off as legitimate brand items is a common example of trademark infringement.
Trademark infringement is a serious offense that frequently involves misleading trade activities. Infringement on a trademark can lead to the following legal consequences:
- Monetary compensation for the plaintiff’s losses
- An injunction prohibiting the defendant from making, using, or disseminating items bearing the trademark.
- Seizure of items that bear the unlawful trademark or integrate it.
Do I Need an Attorney if I Have a Trademark Infringement Case?
Infringement of a trademark can take numerous forms and may require multiple different types of proof. If you have any concerns or queries about trademark infringement, you should seek legal guidance from an intellectual property attorney. If you have a product that could be accused of infringement, you should consult a lawyer.
Your lawyer may assist you in ensuring that your product does not infringe on the rights of others, as well as ensuring that your own product is protected against infringement.
Visit yourtrademarkattorney.com to know more.
How Does Trademark Infringement Work?
If a trademark owner believes his or her trademark has been infringed upon, he or she may file a civil lawsuit against the allegedly infringing party. The majority of trademark owners take their cases to federal court. They can also rely on state common law, but only in circumstances where the trademark is registered in that state.
Another alternative for challenging a trademark infringement is for the trademark owner (via its attorney) to send the other party a demand letter (also known as a cease-and-desist order) in an attempt to resolve the matter without going to court.
Infringement of a trademark is not restricted to exact replicas
The criterion for determining trademark infringement is likely to be perplexing. The concern under this standard is not whether one mark duplicates or is expected to be mistaken with another, but rather how potential consumers will be confused about the source of a particular good or service due to the mark used in connection with providing that good or service.
In practical terms for business owners, this means that when choosing or designing a mark, it is not enough that it differs in some way from that of a third party. Rather, the mark must be distinct enough to eliminate any possibility of a mistake about its origin. Beyond the resemblance of the markings, the chance of confusion study considers a number of criteria. The relatedness of the commodities and services in question, for example, is a significant aspect.
If two marks sound or look alike but are used in connection with unrelated items or services—for example, one company sells dog treats while the other offers power tools—consumers are less likely to be confused, and so there is less evidence of trademark infringement.
Trademark Infringement can cost a company everything
Trademark Infringement might have serious implications. When a business owner initiates legal action against an alleged infringer, the infringer may be obliged to stop doing business and compensate the trademark owner for any financial losses incurred as a result of the infringement.
If there is a disagreement over who has more rights to a certain mark, trademark litigation may ensue, which may be time-consuming and expensive. Even if a small business has a compelling claim for trademark infringement, allocating funding to prosecute the claim can be challenging.
Businesses impacted by infringers may see a drop in direct sales, a dilution of their brand, and damage to their reputation as a result of the infringement. Thus, safeguarding your company’s trademarks and avoiding infringement of third-party marks is critical not only for intellectual property rights but also for the financial health and goodwill of your company.
How can trademark infringement be avoided?
There are a few things you can do to avoid trademark infringement. Researching a trademark before using it in commerce, can be used. This modest step could save your company money in the long run.
In some cases, having a federally registered trademark with the USPTO can help you avoid trademark infringement litigation. A trademark holder who obtains a nationally registered trademark is protected from claims made by other trademark holders who have not secured a federally registered trademark.
Whether or whether the infringement was aware of the trademark, the registered trademark proprietor will have claims against anyone who infringes on it. There is, however, one little exception to this rule. If a person who has not secured a trademark has been using it in commerce, a person who obtains a federally registered trademark does not have priority over the initial user.
A federally-registered trademark is normally assumed to have priority over others. This is why being diligent in securing a registered trademark, conducting thorough research prior to obtaining registration, and consulting with a company attorney will help you avoid most trademark infringement difficulties.
Conclusion
A registered trademark is a sign, word, or combination of symbols that distinguish a firm or a product in the marketplace. A service mark is a registered trademark that represents a brand or company. It is your right to know about laws involving trademarks. Arm yourself with as much knowledge as you can.
