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What can I do if I suspect my trademark was infringed upon?

On Behalf of | Jul 18, 2022 | Trademark

Businesses in Maryland, Washington D.C., across the nation and all over the world rely on their trademarks to boost their business, protect their brand and make sure customers know and trust them. When a person or company creates a product, they will have a design, phrase or symbol that identifies it and attaches it to the company that created it.

Whether it is a large, medium-sized or small business, people recognize the symbol and attach it to the product. Having a trademark is a protective device in myriad ways. Unfortunately, there are often incidents in which other individuals or entities will use the trademark without permission.

What does the law say about trademark infringement?

According to the law, trademark infringement happens if there is an imitation or copy of the mark. This must be linked to its sale, advertising or stoke confusion between the holder of the trademark’s goods and the goods of the alleged infringing entity.

When there is a commercial with a catchy jingle that viewers hear repeatedly, they are likely to associate that jingle with the product. This is what the business wants when it is trying to sell its goods. If another company takes that jingle and uses it without permission, it may violate the law. In addition, it might put the trademark owner in a negative light if the infringing entity is selling an inferior or offensive product.

Those who are alleged to have committed trademark infringement might be subject to civil liability where they can be sued for damages. The owner could recover what was lost if the infringement is found to have taken place. There can also be an injunction where the owner of the trademark seeks to put a stop to its unauthorized use. Along with profits and/or damages being awarded because of the infringement, the court can order that the imitation be given to the trademark owner so it can be destroyed.

Protecting intellectual property requires professional assistance

It can be shocking and worrisome if a trademark owner discovers they are being victimized by the infringement. Inevitably, they will think about how they will be negatively impacted financially and personally.

The latter part is frequently understated, but a reputation is critical in business and infringement can be harmful. With any aspect of intellectual property, it is essential to be protected. Having help with these cases and any other matter related to business litigation is imperative.