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How Should I Handle Trademark Infringement?

Posted on in Intellectual Property

Tampa trademarks and intellectual property lawyerHow exactly can your trademark be infringed upon? According to the United States Patent and Trademark Office, trademark infringement occurs when anyone uses your trademark without permission “on or in connection with goods and/or services” in a way that will “cause confusion, deception, or mistake about the source of the goods and/or services.”

This means that trademark infringement occurs if the use of your mark, or something too similar, might cause consumers to become confused, even if the infringing party used your trademark unintentionally. This is why individuals and companies must be careful when choosing a trademark in the first place, since a trademark should not be something that can be easily confused with other marks. Trademark protections allow you to protect your brand from being associated with others that may not offer the same quality of work or products that you do.

Determining Whether Your Trademark Has Been Infringed

There are several factors that go into establishing that your trademark has been infringed before taking legal action. Your trademark must have been legally established first, prior to the other individual or company using the mark. The infringing use of your trademark must be similar enough that people could be confused in some way when buying the goods or services. 

Factors that may determine whether infringement occurred include the demonstration that consumers looking for your product may have been tricked into buying from the other party due to their use of your trademark. How and where the products were promoted and sold may also contribute to a court’s decision. The more evidence you can gather that shows your company’s goods or services have been compromised by the other party’s use of your mark, the better your case will be.

What Actions May Be Taken Against the Infringing Party

Typically, the first action you will want to be taken is for the infringing party to stop using your trademark. Often, the other party will also have to give up or destroy the items bearing the mark. In some cases, you may also be awarded damages for any money you have lost because of the infringement, along with any profits the other party made from selling goods and services using your mark. You may also be able to be granted money to cover your attorney fees. Although trademark cases may be tried as civil action suits in state or federal court, they are most often held in federal court. 

Call a Florida Trademark Infringement Lawyer for Help With Your Case

If you believe your trademark has been infringed, Nelson Cyber Law, PLLC, can help. Since intellectual property cases can be complicated, you need an experienced Tampa trademark attorney on your side to demonstrate that infringement has occurred and ensure that you recover damages for the financial harm you have suffered. Call 800-440-5536 to set up a free 30-minute consultation today.

Sources: 

https://www.uspto.gov/page/about-trademark-infringement

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