What happens if you break a trademark law by accident?

  • What happens if you break a trademark law by accident?

    Date : 15-03-2019 10:31

    A Trademark generally refers to a “brand” or “logo”.

    Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.A service mark is a trademark for a company that provides services. The word “trademark” is often used to refer to both trademarks and service marks.

    You can trademark many of the things that you use to distinguish your business from other businesses. You might have a trademark for:

    -Your business name
    -A product name
    -Your logo or label
    -A symbol or design
    -A sound
    -A product package 

    Trademark infringement occurs when a trademark used by a person is similar or identical to that of a registered trademark rights of another person or company in the jurisdiction. The most common standards for testing trademark infringement are: (a) close similarity of a mark and its associated goods and/or services to a prior registered trademark and its associated goods and/or services; and/or (b) use of a mark that creates a likelihood of confusion with a prior registered trademark among the relevant consumers.

    Lawful trademark owners may begin enforcement of a trademark violation by sending the unlawful trademark user a cease and desist letter. Negotiating an agreement to stop the trademark violation is preferable to proceeding with litigation, according to trademark attorney Gregory H. Guillot of GGMark. To avoid the penalties that might result from a trademark violation lawsuit, the person engaging in trademark violation might agree to change her business logo or marketing phrase to avoid confusion with the lawful trademark.

    A trademark violator who is sued by the owner of a lawfully registered trademark may be ordered to pay monetary damages. If the court finds that the trademark violation was intentional, such as a case in which the violator is selling goods that he is trying to pass off as coming from a known popular brand, the court may impose penalties of three times the amount of actual lost profits.

    A penalty and imprisonment is applicable for any person who is deemed to falsifying and falsely using a registered trademark. A person is considered to be use a trademark unauthorised if:

    - A person without the assent of the proprietor of the trademark makes that trademark or a deceptively similar trademark; or
    - A person falsifies any genuine trademark, whether by alteration, addition, effacement or otherwise.

    Want to Consult a Trademark Expert?

    Lawtendo provides the entire range of services required to register and maintain protection for your intellectual property assets. We can help you register trademarks, copyrights, designs and patents. Visit www.lawtendo.com.

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