Trademark Infringement: An Overview
If someone violates the rights given to a person by the law concerning trademarks the act is called trademark infringement. Trademark infringement law gives the other party the right to sue the person accused.
If someone notices another trademark that is designed and destined the same as their trademark, they can charge the owner with trademark infringement. All registered trademarks are protected by the Lanham or Trademark Act. This act makes sure that registered trademarks are respected in the United Stats. The law states that no trademark should be promoted or copied by anyone, unless they have full rights or have the owner’s permission.
A trademark infringement is possible, if you will be able to prove that there is a “possibility of confusion” between your trademark and the purportedly infringing mark. Such possibility of confusion will be determined through a “trademark analysis,” wherein the following items will be analyzed:
1. Comparing the two trademarks, a thorough analysis of both 2. The meaning of your trademark and the message it sends 3. A deep analysis of the way your trademark is pronounced 4. Analyzing one or more associations between the two trademarks 5. Examining people’s opinions regarding the two trademarks and noticing possible confusions
Injunction is what the guilty party receives as a punishment. The term means that they will not be able to use their mark in a certain way; also they can pay trial costs or profit loss due to the trademark infringement to the other party, but that is not always necessary. Some companies may ask for financial benefits, some won’t.
“Trademark dilution,” can be sought by plaintiffs with well-known trademarks. By doing so, the infringed mark will not be further utilized. There are factors to consider for a trademark to be specified as “famous” before an infringed mark will be blurred or tarnished.
In order to avoid any accusations regarding trademark infringement you need to come up with a very original trademark. This requires a lot of research, but it pays off when having a well known business. You can search the internet for already used trademarks to make sure that your trademark is unique. There are numerous places in the internet where trademarks can be searched. Another place is the Patent and Trademark Depository Library (PTDL) where you can also do a research on the trademarks used out there. This institution can be found in every state.
There is a price for copying someone else’s original work. It is not simply injunction or paying monetary damages to the plaintiff that can happen to you. There are more upsetting instances that can happen to you. You or your company’s reputation is at stake with trademark infringement. Who would then trust someone who committed trademark infringement? No one.
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