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A Presentation Of The Trademark Infringement Law

Jun 9, 2008
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 trademark which is similar or perplexingly the same as your trademark in connection with the goods or services you are promoting then an "infringement" occurs. Any federal registered trademark may be safeguarded under the Lanham or Trademark Act. The Lanham Act is a law encompassing the federal ruling on trademark law in the United States. The said act forbids actions which include dilution of trademark, bogus advertising, and trademark infringement.

You can file a trademark infringement if you demonstrated that certain rights of your trademark had been violated. Also, if the infringing mark creates possible confusion for your clients, then you may sue the person who owns it. During the process, an analysis will be made in order to reveal if any trademark infringement was produced. The following issues will be discussed and analyzed:

1. The structure of the mark, both interior and exterior. 2. The connotation of the mark. The meaning can be explicit or implied. 3. How the mark is pronounced will be reviewed as well. 4. The relation of the infringing mark to the goods or services will also be analyzed. 5. The impression of the public will also be assessed. Actual test impressions on the consumers may be done.

Injunction is what the guilty party receives as a punishment. The term means that they will not be able to use their mark in a certain way; also they can pay trial costs or profit loss due to the trademark infringement to the other party, but that is not always necessary. Some companies may ask for financial benefits, some won't.

Trademark dilution is another thing. If the plaintiff has a very popular trademark, they can ask for trademark dilution. That actually means that the infringed trademark will be denied of any use in the future. There are certain aspects that make a trademark popular and they will be analyzed before taking trademark dilution in consideration.

If you have been accused of trademark infringement, here are some recommended actions to undertake. Do not copy. If you will be making a trademark, make sure that you do it with immense originality. It must be unique. Also, do a search. The uniqueness of your trademark may be verified by doing "trademark search." Primarily, you can scout for used trademarks on the internet. There are a lot of "trademark search website" which can help you on your endeavor. Secondly, spare some time to visit the Patent and Trademark Depository Library or PTDL to browse for possible similar trademarks that you have. The said library is situated to almost every state.

Keep in mind that a business or company who stole someone's work cannot be trusted by the public anymore. This is not about the money; it's about the fact that people will no longer respect your business and products. If you stole someone's trademark how can you guarantee that your products are original? You can't and you will gain a bad reputation.
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Your Trademark Law provides an in depth guide to protecting your intellectual property. And, right now, you can also get started with a Free 5 Day Course on how to register a trademark .
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