What is trademark infringement and how do you deal with it? There are many factors and several variations, depending on the law and whether you’re at the US Patent and Trademark Office (USPTO) or in court.
What is Trademark Infringement?
Trademark infringement – like copyright infringement – is when somebody uses a protected trademark without permission. Trademarks include words, logos, slogans, sounds and in some cases, shapes.
To be a “trademark,” the mark need not be registered with the USPTO or a state – but it helps a lot, as trademark protection is enhanced by having a federal registration. Having a federal trademark registration gives the owner benefits when dealing with a trademark infringement.
Types of Trademark Infringement
There are several versions of infringement. Some include likelihood of confusion, dilution, palming off, misrepresentation as to the source of goods and services and the like.
Likelihood of Confusion
The entire point of trademark is to ensure that people recognize your mark: it’s your brand. When someone else uses a mark that may confuse consumers, it is a likelihood of confusion. Indeed, the mere likelihood of confusion is often the reason why applications for registration are denied: the proposed mark is likely to be confused with an existing mark.
Priority of the Infringement
While several factors are at play, the most important is often priority. To claim infringement, you must have rights that are superior to someone else’s. That typically – but not always – comes from being the first to use a mark.
Did You Register Your Trademark First?
Having a trademark registration helps a lot. The legal analysis surrounding “likelihood of confusion” focuses on how closely related the goods/services are, how similar the marks are being used, how similar their look and feel are, and the channels of trade (who is purchasing the goods and services identified by the mark(s). Other important factors include things like:
- How well-known (famous) is the mark?
- Are the consumers the same or are the goods/services offered to different groups?
Given the number of factors involved, it is important to seek legal counsel and ensure that your case is as strong as it can be.
Trademark Infringement Lawyers in Virginia
If you are concerned about trademark infringement, it is important to act quickly. Since these cases are so complex, it is crucial to have an experienced attorney on your case. To learn more about our trademark infringement lawyers in Virginia, contact Cook, Craig & Francuzenko.
