What You Need To Know About Trademark Infringement
Trademark infringement is a serious offense that carries legal consequences. It occurs when someone uses a trademark that is already registered or used by another company in an infringing manner. The purpose of trademark law is to protect consumers from confusion and to protect the owner of the trademark from unauthorized use of their brand. In this blog post, we will cover what you need to know about trademark infringement.
What Is Trademark Infringement?
Trademark infringement occurs when someone uses a protected mark without authorization in a way that confuses consumers as to the source or origin of goods or services. This could be using an identical logo, slogan, wordmark, or other symbol associated with another company’s brand without permission and in an attempt to confuse customers into thinking they are buying products from one business instead of another.
Who Is Responsible for Trademark Infringement?
The person responsible for trademark infringement can be either the user (the one who used the mark) or the registrant (the one who owns/registered it). Typically, if there is evidence that shows intentional misuse then both parties can be held liable for damages caused by infringement.
What Are The Legal Consequences Of Trademark Infringement?
The legal consequences for violating federal trademarks include injunctions preventing continued use, damages related to lost profits and costs incurred in defending against infringement claims, attorney fees, and other court costs associated with protecting your rights under the law, as well as possible criminal penalties such as fines plus possible jail time depending on severity/frequency of violations committed (for example counterfeiting). Additionally, civil penalties may also apply if found guilty of criminal charges, which can include significant monetary damages.
How Can I Protect Myself From Being Accused Of Trademark Infringement?
To prevent yourself from being accused of trademark infringement: register your trademarks; search existing registrations before using any marks; always seek legal advice regarding any potential infringements before using them; avoid imitating existing logos; create unique designs with distinct elements; and restrict others’ access and use of your marks through proper licensing agreements. Also, make sure you are familiar with all relevant laws governing trademarks so you understand what activities might constitute an offense against these statutes – including international laws, if applicable.