Everything You Need To Know About Trademark Law And Litigation
Trademarks are marks, signs, or instructions used by individuals, companies, or organizations to identify products or services themselves and to distinguish products or services from competitors. Generally, trademarks can be protected as trademarks under federal and state trademark laws.
What is Trademark Law?
The trademark law aims not to mislead consumers about the trademarks used by companies or other organizations in their products and services. In short, the trademark law prohibits companies from using trademarks or similar to trademarks (such as slogans, logos, names) in products or services.
What is Trademark Infringement?
The definition of trademark infringement is the unauthorized use of trademarks or service marks. Such use may be related to goods or services and cause confusion or misunderstanding of the actual company from which the product or service comes. If the trademark owner believes that his trademark rights have been infringed, he can take legal action. If a trademark infringement is proved, a court order may prohibit the defendant from using the trademark, and the owner may suffer economic losses.
What are the Monetary Consequences of Trademark Infringement?
For many people, the amount of compensatory damages is an important factor in making strategic decisions about when to start, defend or resolve disputes. When online marketing, electronic communications and virtual shopping are used more than ever, it is important for individuals and businesses to fully understand how they use brands, which consumer rights they have, which brands they own and their meaning.
Why do I register a trademark for my business?
You can easily set rights based on how the trademark is used in commerce. Sometimes called a registered trademark or common law service mark. After a trademark or logo that has not been registered or registered nationwide, you will usually see “TM” (registered trademark) or “SM” (service mark). Your generic trademark will be protected in the region you use. Some states provide trademark registration. However, state registration usually only grants rights within the state.
In the United States, trademarks can be registered with the United States Patent and Trademark Office (USPTO), but this is not required by law. Companies can only use trademarks online in trade to create rights. Unregistered trademarks, also known as common law trademarks, have two functions, but provide different legal rights and differ from trademarks in several important ways.
Trademark Registration: Legal Implications
When you prosecute a criminal, the USPTO file can be automatically accessed in federal court. With common law trademarks, you can only file a lawsuit in federal court if the offender is in another state and your claim exceeds $75,000.
According to Lanham’s law, the plaintiff can demand $1,000 to $200,000 for trademark infringement for any “counterfeit trademark” infringement. If violations are deliberately discovered, the legal losses may be even greater. The Lanham Act also gives the plaintiff the right to seek damages from the defendant.
After five years of continuous use, the trademark will become “non-dispute”, which means that under the infringement procedure, the defendant will not be able to recheck whether the plaintiff’s trademark is “only descriptive” and therefore invalid.
Difference between Trademark Infringement and Trademark Dilution
Trademark Dilution is similar to the trauma of brand infringement. When a brand is diluted, the way the brand is used will dilute or weaken the uniqueness of the original brand. Proof of brand dilution can be more difficult, and these are usually very well-known or widely used brands in the consumer market.
Please note that if you choose to create a trademark for business use and register it nationwide, not all trademarks can be registered on the USPTO. The USPTO will not register a trademark if it may be confused with other registrations already registered or in the process of registration. In addition, the USPTO will not register a purely descriptive or generic trademark unless the trademark has changed some differences over time so that consumers can associate products or services.
This trademark tells the world that your company claims to be the only brand for its products and services. Since your trademark is published online in the USPTO database, it is unlikely that potential competitors will accept similar trademarks in a misleading way. Unregistered trademarks are generally unknown and rarely seen in the US market. If your company is considering launching a new product or service brand, an intellectual property lawyer can help you weigh the pros and cons of investing in a public trademark registration.