Article Advise

submitted: Sep 3rd 2008 | by: RexStevenson | Total views: 2 | Word Count: 515 | |

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.

You can file a trademark infringement if you demonstrated that certain rights of your trademark had been violated. Also, if the infringing mark creates possible confusion for your clients, then you may sue the person who owns it. During the process, an analysis will be made in order to reveal if any trademark infringement was produced. The following issues will be discussed and analyzed:

1. Comparing the two trademarks, a thorough analysis of both 2. The meaning of your trademark and the message it sends 3. A deep analysis of the way your trademark is pronounced 4. Analyzing one or more associations between the two trademarks 5. Examining people's opinions regarding the two trademarks and noticing possible confusions

The common penalty being given to a party who has been proven guilty of trademark infringement is "injunction." Injunction is a court regulation wherein it orders the party to avoid doing certain actions such as infringing marks. Contrary to the common belief, injunction is not a monetary judgment. There are instances that "monetary relief" is bestowed to a winning party. Such monetary respite may include the profit lost by the defendant, the claimants' sustained damages and the over-all cost of action.

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 have been accused of trademark infringement, here are some recommended actions to undertake. Do not copy. If you will be making a trademark, make sure that you do it with immense originality. It must be unique. Also, do a search. The uniqueness of your trademark may be verified by doing "trademark search." Primarily, you can scout for used trademarks on the internet. There are a lot of "trademark search website" which can help you on your endeavor. Secondly, spare some time to visit the Patent and Trademark Depository Library or PTDL to browse for possible similar trademarks that you have. The said library is situated to almost every state.

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.

About the Author

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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