Trademark Infringement

What is Trademark Infringement?

Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to another party’s registered trademark, leading to a likelihood of confusion among consumers.

How do I know if my trademark is being infringed?

Look for unauthorized use of your trademark by others in similar goods or services. Signs of infringement include identical or similar marks, leading to consumer confusion.

What should I do if I suspect trademark infringement?

Consult with a trademark attorney to evaluate the situation. If infringement is confirmed, you may send a cease and desist letter to the alleged infringer, requesting them to stop using your trademark.

What legal remedies are available for trademark infringement?

Legal remedies may include injunctive relief (court order to stop the infringement), damages, and in some cases, recovery of profits earned by the infringing party.

Can I sue for trademark infringement without a registered trademark?

Yes, common law rights exist for unregistered trademarks. However, having a federally registered trademark provides stronger protection and additional legal advantages.

How can I avoid trademark infringement?

Before adopting a trademark, conduct a comprehensive search to ensure it’s not already in use. Register your trademark with the appropriate authorities for enhanced protection.

What is the “likelihood of confusion”?

Likelihood of confusion is a legal standard used to determine trademark infringement. It assesses whether the use of a similar mark is likely to confuse consumers about the source of the goods or services.

Can I use a trademark if it’s for a different type of product or service?

It depends. Trademark law considers the similarity of goods or services and the potential for consumer confusion. Using a similar mark for unrelated products may still lead to infringement claims.

How long does it take to resolve a trademark infringement case?

The duration varies, but trademark infringement cases can take months to years to reach resolution, depending on factors such as complexity and court caseload.

Can international trademarks be infringed?

Yes, trademarks are territorial, so infringement can occur internationally. Consider registering trademarks in relevant countries and enforcing rights through international agreements.