A trade mark is a symbol, word or slogan that is used as identification with a certain product and service and it is only unique to that. When another person uses a trademark without due authorization, then that is referred to as trademark infringement. For a trademark to be infringed, it must be duly registered under the laws of the land in regard to intellectual property rights. The law of the land of infringement will differ from state to state or from one country to another. However the good thing about is that in your country you can be able to find plenty of information about it from the internet.
Trademark infringement could also cover areas like confusion where a competitor has a logo, slogan or symbol that is very similar to another company’s products. Such cases always end up in court where damages are paid out to the affected party if the judge so decides. The one of the infringed trademark will commence legal proceedings through a trademark lawyer to sue for damages.
When there is confusion, the damage that the infringement is done is not measured by the actual confusion that occurred in the mind of the customers. The criterion that is followed by the courts is set by the courts. In the USA, there are specific elements that the courts consider in such cases. They include the strength of the trademark, similarity between the two contentious marks, and the intention of the infringer when they were selecting that trademark and evidence of the actual customer confusion.
Trademarks will mostly refer to goods but for services there are the service marks. These are used especially where there are service providers but the proceedings are the same in case of trademark infringement. To acquire the rights to a specific trademark, it must be used in a certain geographic area in commerce.
Sometimes a mark might be registered under the federal law meaning that it can be used in interstate proceedings or it can be registered under state only meaning that it is only valid in the state where it was registered. In the USA, one can also apply for a trademark even before he/she has started using it if they have an intention of using it. When such is infringed, the offended party can file infringement proceedings in court.
There are several steps that an owner of a trademark which has been violated can do. They include getting a permanent injunction from the court prohibiting the infringer from ever using the mark in his business. The complainant can also sure for damages which in the case of willful infringement could rise up to three times. The court can also decide to award the trademark owner some money for the infringement attorney because of taking action against the infringer.
Trademark infringement falls under the law of unfair competition which is a wide subject in law. It seeks to provide legal redress to businesses to enhance fair competition in businesses that sell similar goods or services. Though competition is healthy for all it must be done on fair grounds.
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