A Presentation Of The Trademark Infringement Law

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A Presentation Of The Trademark Infringement Law

By: Rex Stevenson

Trademark infringement occurs when the trademark rights are violated by a certain person, who can be accused and sued afterwards of trademark infringement.

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.

A trademark infringement is possible, if you will be able to prove that there is a "possibility of confusion" between your trademark and the purportedly infringing mark. Such possibility of confusion will be determined through a "trademark analysis," wherein the following items will be analyzed:

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 most popular punishment used in these situations on the people who are guilty of trademark infringement is something called "injunction". This actually denies the guilty party to do any actions regarding mark infringement. Although many companies who win the trials obtain a lot of money, this doesn't happen all the time. If trademark infringement led to a situation when the company lost their profit, the guilty party will have to pay a certain amount of money.

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 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.

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.

Article Source: http://www.trade4net.com/articles

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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