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.
A company which uses or copies a trademark registered by another company can be charged with infringement. People who register their trademarks are protected by the Trademark or Lanham Act, the act makes sure that anyone with a registered trademark will be protected from any violation of terms. The act authorizes the fact that it is illegal for anyone to copy or distribute another trademark. Fake advertising will also be punished.
If you have been a victim of trademark infringement then you will need to prove that there is a connection between your trademark and the trademark that you accuse. The connection means that people can easily get confused when buying the products of one or the other company, thinking that they are the same. Certain aspects of your trademark and the other trademark will be analyzed during the procedure:
1. The design or pattern of the mark, both on inside and outside 2. The representation of your mark and eventual meanings 3. The pronunciation used with that mark will be analyzed and discussed 4. The connection between your services or products and the ones represented by the infringing mark 5. Testing the public opinion and the effect it leaves on the clients
The common penalty being given to a party who has been proven guilty of trademark infringement is "injunction." Injunction is a court regulation wherein it orders the party to avoid doing certain actions such as infringing marks. Contrary to the common belief, injunction is not a monetary judgment. There are instances that "monetary relief" is bestowed to a winning party. Such monetary respite may include the profit lost by the defendant, the claimants' sustained damages and the over-all cost of action.
"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.
If you don't want to be accused with trademark infringement or you have already been accused once for it, there are some tips that will help you protect your business in the future. When choosing your trademark be certain that it is unique. If you don't know for sure if you trademark is unique, you have to search and analyze other trademarks that may be similar with yours. This can be easily done over the internet. If you want, you can go to the Patent and Trademark Depository Library and search for already registered trademarks. The PTDL exists in most of the states.
If you are accused with trademark infringement you risk losing all the good reputation you previously gained. This means making people confused and losing your clients. Nobody will ever trust your business because you cannot guarantee that your products and signature are unique.
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