A trademark is a form of intellectual property that protects the brand of an individual or company. Trademarks can protect brand, logos, names, equipment, words or symbols used in conjunction with products or services. The purpose of trademark protection is to enable companies to show that they are the source of products or services, and to provide strong protection against fraud by distinguishing their products and services from other companies.
What does trademark infringement mean?
Trademark infringement occurs when an individual or company uses a trademark in a manner that misleads the public regarding the source of the service or product without the consent of the trademark owner. In short, if someone uses your brand without your permission, it is called a trademark infringement.
How to prove Trademark Infringement
Sometimes the interested party ignores the injunction and desist letter of infringement. In this case, you may need to file a trademark infringement lawsuit. Your trademark attorney that you may hire can help you determine the validity of the case. To successfully serve as the plaintiff in a trademark infringement lawsuit, you must prove that you own the protected property of the trademark. And the defendant’s use of the trademark is misleading the customers and consumers.
Finding a professional assistance is a bit risky because you have to trust him or her with the image and profile of your business. However, there are some trademark services online that you can rely on to file a trademark infringement application. Such experts not only help you get what you own, but also assist you to avoid getting competitors in future by sending a letter contains a threat of litigation if the infringer does not cease to use of the trademark. Hiring such an assist is worth considering as you won’t have to suffer all alone and spend thousands of dollars just to claim what you already own.
If trademark infringement is discovered, the trademark owner can use his remedies. First, the trademark owner can issue a permanent judicial order prohibiting the infringer from using counterfeit trademarks or any other trademarks that are confused with the trademark owner. Second, there may be claims for infringement of rights against trademark owners. If trademark infringement is classified as intentional, the damage can be tripled.
Main reason to register a trademark for your business or brand
Registering a trademark allows you to hold an industrial property title that can be assessed in cash. The brand can be assigned or licensed independently of the business that operates it. Let’s talk about some of the most important reasons to register a trademark for your business:
Exclusive use of the brand
Trademark registration offers its holder rights, the main one of which is the monopoly on the use of his mark, to sell, market or communicate about the products and services developed by the holder.
In order to be sure not to use a pre-existing mark in the same sector of activity, it is important to perform a prior art search. Such research makes it possible to assess the risks linked to the availability of the mark and not to infringe on rights already acquired by another owner.
Unlimited protection
The trademark makes it possible to claim a monopoly for an unlimited period, because a mark can be renewed by period of 10 years without limitation. It is necessary and sufficient that the mark be used and that it be renewed.
Evaluate intangible heritage
The registration of a trademark makes it possible to create value, in particular through a franchise network. Registered trademarks are often the most important values of a company because they are the signs of recognition for customers. Moreover, the certificate of registration of a trademark constitutes more tangible proof than copyright.
Conclusion
Before using any trademark, you should do a little research to make sure that no one uses it. This is called authorization of the trademark. You can hire a company to conduct trademark research, or you can search USPTO databases to conduct trademark research yourself. You should also look for name variants that may be incompatible.
If you find that the trademark you are considering has been used by a third party for the same or similar goods or services, or you find that the trademark used by a third party has been incorrectly used for the same goods or services or similar goods or services, you should find another trademark.
If you find that the trademark you are considering has been used by a third party for the same or similar goods or services, or you find that the trademark used by a third party has been incorrectly used for the same goods or services or similar goods or services, you should find another trademark.
