The primary motivation for seeking a trademark registration is often the protection that it can provide, typically in order to prevent infringement upon the registered mark. Regardless of the circumstances, dealing with trademark infringement when it does occur can be a daunting task. So, what should you do if another party is using your trademark? Fully evaluate the situation, put an end to the infringement, and secure the help of a trademark attorney.
What is Trademark Infringement?
What exactly is trademark infringement, and how do you recognize these matters when they do arise? It is important to keep in mind that the main purpose of a trademark is to prevent confusion between two marks that are overtly similar—when confusion does occur, that qualifies as trademark infringement; this includes using the trademark in such a way that could cause a misconception of a product’s origins or deception in the marketplace. Sometimes these situations can be unintentional and swiftly remedied, while other cases are strategically calculated with ill intent in order to encroach on the goods and services of a competitor. However, the intention ultimately does not matter, as the trademark’s owner maintains the right to defend their mark and prevent further imposition from occurring.