If you have spent some time design and marketing your trademark, then the last thing you want is for someone to infringe upon your trademark! So, exactly what is trademark infringement?
In the last couple of weeks, we talked about Trademarks! Check out this articles: Trademarks and Trademark Registration. Before you read the rest, make sure you have a grasp of what a Trademark actually is!
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What is Trademark Infringement?
The United States Patent and Trademark Office gives this definition: Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
- unauthorized: Not having permission or approval. If you don’t have some ones permission, then you can’t use the logo.
- In connection with goods and/or services- A person is using a mark, unauthorized, that they have connected with a product or a service.
- Confusion, deception, or mistake- The way the mark is being is used will confuse consumers when they put the two different marks side by side.
- Your mark should be so unique that other marks will not get confused with yours.
- Don’t try to get close to a “poplar” person’s brand so you get more attention.
- Be wary of “general” marks.
What to do if you think your trademark has been infringed?
Do you think that your trademark has been infringed? Then you will want to make sure you that you contact an attorney. Infringement of a Trademarks can be detrimental to a business.
****Hey there sunshine! I just wanted to let you know that yes, I am an attorney, but I am NOT YOUR ATTORNEY. The information above does not put us in an attorney-client privilege contract type setting. Even though you are reading this, it doesn’t mean that I am giving you legal advice as an attorney.