Trademark infringement happens to many businesses, but not all of them know how to deal with it. A trademark protects your business name, logo, or slogan from being used by other businesses. It gives you exclusive rights on a national level to connect that name with your goods or services and prevents others from using your registered business name for their business purposes.
The unauthorized use of a trademark or service mark in a way that may deceive or confuse the consumers about the origin of the product or service is called trademark infringement.
With the expansion of business activities worldwide, trademark infringement is on the rise during the globalization era. Global utilization of the internet makes it easy for people to access
Online access makes it easy for people to use the intellectual property of others, even unknowingly. Business branding consists of a name, a logo, and a design. All these elements are already available online.
As a business owner, you must protect your trademark and try to avoid infringement of others’ intellectual property.
To be clear, you don’t necessarily need to trademark your name to have trademark protection. But it does give you a stronger legal footing if any issues come up down the line.
You are entitled to trademark protection even if you don’t trademark your name. However, it would give you more substantial legal support if you did.
If you feel that someone is improperly using your business marks, you need a business law attorney’s services. A business law lawyer can inform you which options and procedures can bring you the desired outcome. This can be stopping the misuse of your intellectual property or compensating you for its improper use. Furthermore, a business law attorney can defend you in the case of someone claiming that you have infringed their trademark.
Trademark Creation Strategy
When you create your business’s trademark strategy, you must keep in mind the following concepts.
A trademark can be words or phrases, symbols, colors, designs, or combinations of these elements, that identify the source of a service or product. Trademark infringement definition can be confusing, as it is not just a duplicate. The base on which something can be defined as infringement is the consumers’ confusion of a specific product or service source.
When a business owner chooses their design or mark, they should make sure that it will be distinguishable and not be confused with others.
The federal agency supervising the reviewing and registration of trademarks in America is the United States Patent and Trademark Office.
Confusion Analysis
The confusion analysis takes into consideration many different factors, not just marks similarities.
For instance, if one company sells cat food and the other company garden tools, it is quite rare for a consumer to get confused. Even if the marks look or sound alike, these products are not related in any way, and there is no basis for trademark infringement consideration.
The factors determining a likelihood-of-confusion vary from case to case. The quality and quantity of evidence will play an essential role in the outcome of the infringement lawsuit.
Not all trademarks are equal
The higher the level of distinctiveness of a trademark is, the higher the law protection level. Not all trademarks are equal. Strong and distinctive marks ensure the business’s marks protection. Arbitrary marks are usually the strongest. An example is Apple for computers. The mark has no relation to the product the company offers.
On the other hand, generic marks consisting of terms that name the product or service are the weakest ones.
Consequences of Trademark Infringement
Trademark infringement may have catastrophic results for a company. The trademark infringer may be forced to stop their business activities and compensate the trademark owner for economic losses due to the infringement. This kind of legal dispute can be immensely costly and time-consuming. Consequently, even when they have a strong claim against infringement, a small business may not proceed to litigation due to the high costs.
Now, if the trademark owner proves infringement, the court may order the following remedies:
- An injunction for the defendant to stop using the specific mark
- An order to destroy all infringing articles or material using the mark
- Financial compensation for the damages
- Legal fees
Contact Our Offices Today
An experienced business law lawyer can navigate your trademark strategy development and help you strengthen your brand. Our business law attorneys at Aeton Law Partners in Connecticut can help you protect your business trademarks and avoid infringement. Call us today for your free consultation. Your business’s economic health and goodwill must be your greatest priority.