Trademark Infringements

Trademark infringement can be charged when an entity violates a right that the owner is protected against under trademark law and that entity was not given any rights or permission from the trademark owner.

Infringement of a trademark can also occur if a similar good or service is copied from a good or service that is protected under trademark.

All registered federal trademarks are protected under the Lanham or Trademark law. The Lanham Act is a law allowing the federal ruling on trademark law in the United States. This act forbids false advertisement, dilution of trademark, and trademark infringement.

If you are a trademark owner and you can prove that there is possibility of confusion between your trademark and the alleged infringing mark, a trademark infringement case is possible.

The possibility of confusion will be analyzed by looking into a few areas.

The first part to be examined is the structure of the possible infringing mark, both the interior and exterior.

Then the connotation of the mark is examined. This is the meaning of the mark or what is being implied.

The way in which the mark is pronounced will also be reviewed.

Then there is the implied relation between the infringing mark compared to the goods or services will be explored.

The impression of the public will also be examined. Test impressions on the consumers may also be done.

Injunction is the common penalty given to a defendant who has been accused of trademark infringement. Injunction refers to the court regulation where the party must avoid described actions. There are times that monetary relief will be awarded to the winning party. This can include profit loss by defendant and any over-all costs caused by the infringing party.

Plaintiffs with well-known trademarks can seek trademark dilution. This is where the infringed mark will no longer be in use.

To avoid trademark infringement there are steps you should follow. First of all, never copy. If you are creating a trademark make sure it is unique and original.

You should also search the uniqueness of your proposed trademark. Stop by the Patent and Trademark Depository Library and browse for possible trademarks that could be similar to your own. You can also consult a trademark attorney and have them research the uniqueness of your trademark. They can conduct a common law search. This is a database of government records that can be checked for similar trademarks.

There are many ways you can be protect your trademark. First of all is to be sure you register your trademark. When your trademark is registered you are guaranteed protection under trademark law. Then be sure to maintain your trademark. Market and promote your trademark on your website, advertisements and all promotional materials. The wider known your trademark the less likely it will be infringed under trademark law. Violating trademark law by committing infringement can cause more than a court order issued in your name. It will result in the tarnish of your company reputation. Customers will become untrusting and your business will most likely be flushed away.