How To Avoid Accidental Trademark Infringement Legally?

How To Avoid Accidental Trademark Infringement Legally?

Choosing a company name may be more difficult than you think. If you accidentally choose a name that is too similar to another company’s name, that company may sue you for trademark infringement. The company name and brand are critical to the success of your business because they are the first thing customers associate with your product or service. If you and your competitors use the same brand, how will customers identify you? In order to maximize the company’s performance and stand out from the competition, it is important to obtain a Trademark to prevent counterfeiting.  

What Is Trademark Infringement? 

What exactly the trademark infringement is? Intellectual property encourages inventors and authors to share their creativity. This allows the author to monitor his work within a limited time. Similarly, brands encourage companies to invest in their own brands and not let others use it. 

Trademark infringement cases depend on whether the trademark owner proves that the infringer is using the trademark as a source of confusion. Trademark protection gives companies the right to prevent third parties from using the same trademark, but only if the alleged trademark infringement may cause confusion about the origin of the product. 

What are the Common Law Trademark Rights? 

Common law trademarks are trademarks created for commercial purposes only in a specific geographic area. Regularly used brand names, logos and expressions can be regarded as regular trademarks, even if they have never been registered at the federal level. Rights related to common law trademarks are subject to geographical restrictions and are not as easy to enforce as federal trademarks. However, common law trademarks are allowed to use the ™ symbol. 

What ways to adapt to avoid trademark infringement? 

Here are 4 steps small business owners can follow to avoid a trademark infringement lawsuit: 

Avoid misleading the brand 

One of the main goals of a brand is to avoid customer confusion and to differentiate the products and services of retailers from those of other retailers. Image, voice and meaning are the main factors that determine the similarity of two brands. You will find that a different name may also infringe another trademark. Adding or improvising descriptive words at the end of the brand will not change the fact that you’ve a similar trademark. 

Recruit outsource assistance 

Before proceeding after the research of your trademark, you must hire a trademark attorney. They can access other databases, including government and common law trademark registries. In addition, paying professional phone fees is cheaper than protecting fraudulent name changes. You can also consider a trademark search company agency to conduct this research for you or to help you know how to trademark a phrase

Search for Trademarks or Patents Owned by another business 

If the company’s name or trademark infringes another trademark or patent, the company can file a trademark infringement claim even if the company name or trademark is not associated with the company name. Therefore, please consult the US Patent and Trademark Office to avoid infringement of other patents or trademarks. Don’t forget to look for similar names, misspellings and synonyms. 

Consult a trademark lawyer 

If you intend to get a trademark, please contact a trademark attorney. They can help you analyze potential risks and determine the best strategy for successful trademark registration. This way, if you find that you are infringing on someone’s trademark, you can avoid costly and time-consuming litigation. 

Wrapping up 

Trademark infringement is actionable by the brand owner. If an application for trademark registration has been submitted in the same category and similar conditions are provided, if it is deemed that the trademark registration authorization will cause public confusion, the other party will be notified and they will have the right to appeal. 

As a business owner, you need to make sure that the brands you plan to use are available before you start using them. You don’t want to waste time and money to promote your brand’s products or services, just to discover that the brand belongs to others. 

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