How are common law trademarks enforced?
However, common law trademark rights can be hard to enforce because there is no public record of your trademark or when your trademark use began. To obtain federal trademark registration, you must file an application with the USPTO and have it approved.
What are the two common legal defenses to trademark infringement claims?
The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.
What are the civil remedies available against infringement under trademark Act?
The relief which a court may usually grant in a suit for infringement or passing off includes permanent and interim injunction, damages or account of profits, delivery of the infringing goods for destruction and cost of the legal proceedings. The order of interim injunction may be passed ex parte or after notice.
What is common law trademark infringement?
A common law trademark is a type of infringement protection for intellectual property wherein the property is used in commerce before it’s federally registered. The U.S. common law trademark starts when you use the mark in commerce for the first time within a geographic area.
Can you sue for trademark infringement without registration?
1. We cannot get sued for trademark infringement because we have a federal registration. This essentially means that, even without a trademark registration, a mark owner is entitled to trademark rights so long as it uses the mark in connection with providing goods and services in commerce.
What should be protected under trademark laws?
A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.
How do you protect a trademark from infringement?
How to Protect Your Trademark: 6 Defined Strategies
- Choose a Strong Mark from the Start.
- Complete a Comprehensive Trademark Search.
- Register Your Trademark with the USPTO.
- Police Your Mark.
- Consider Registering Internationally.
- Maintain Your Trademark.
How do you protect against trademark infringement?
The 5 Things You Must Do to Protect Your Trademark
- Do Your Homework. The USPTO won’t register your trademark if there is a “likelihood of confusion” with another registered trademark.
- Prepare and File a Trademark Application.
- Respond Promptly to Office Actions or Oppositions.
- Monitor Your Trademark.
- Maintain Your Trademark.
What are the remedies of trademark?
Some of the most common legal remedies for trademark infringement include:
- Monetary compensation. The classic legal remedy in any type of litigation is monetary compensation.
- Court-ordered injunction.
- Court-ordered forfeiture or destruction of the infringing goods.
- Payment of plaintiff’s attorneys’ fees.
What are the remedies of infringement?
There are three kinds of remedies against infringement of copyright, namely:
- Civil remedies. Injunction damages or account of profit, delivery of infringing copy and damages for conversion.
- Criminal remedies. Imprisonment of the accused or imposition of fine or both. Seizure of infringing copies.
- Administrative remedies.
How do you stop a trademark infringement?
Here are five steps small business owners can follow to avoid a trademark infringement lawsuit:
- Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked.
- Enlist help.
- Consider general liability insurance.
- Register your trademark.
What are the damages for trademark infringement?
Under trademark law, the amount of statutory damages can range from a low of $1,000 for innocent infringement to a high of $2,000,000 for willful infringement. Similar to the Copyright Act, the Lanham Act does not provide a definition for “willfulness” in regard to counterfeiting. However, under § 15 U.S.C. 1117(e), the Lanham Act provides
What are the consequences for trademark infring?
Trademark infringement can result in the following legal consequences: Monetary reimbursement for losses to the plaintiff; An injunction requiring the defendant to stop producing/using/distributing goods with the trademark; Seizure of goods that use or incorporate the unauthorized trademark
Can I bring lawsuit for trademark infringemen?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Is my trademark being infringed?
To summarize, your trademark or service mark is being infringed if a use of another mark creates a likelihood of confusion among consumers. If the other mark is very similar to your trademark or service mark you might have a cause of action for trademark infringement even if the goods or services are not very similar.