Trademark is a form of intellectual property and registering it is a strategy to protect and separate a business’ goods from competitors that might be selling similar products.
Those who have obtained a trademark for their design, phrasing, words or symbols need to protect their property and make sure they are aware of when that might have been subjected to infringement. Knowing the law is the first step. If it is found that another entity is using the trademark, there are options available.
Steps to take when a trademark is infringed upon
If a trademark has been registered and it is found to have been used without the registrant’s approval, it could constitute trademark infringement. For example, if a company has a slogan they use to promote their product and another company uses the same slogan or one too alike to be coincidental, there might be cause to pursue legal action. The key is whether it stokes confusion as to the owner of the trademark.
The entity that committed infringement could be vulnerable to civil liability and be forced to pay profits or damages. This is contingent on it having been used intentionally as a means of deception or fraud. The owner of the trademark can also seek an injunction to put a stop to its use.
Trademarks are essential to protect intellectual property
Any business can have its bottom line damaged by another company infringing on its trademark or other intellectual property. Since this can be so problematic, it is important to know what steps can be taken not just to put a stop to the infringement, but to recover compensation for what was lost. From securing a trademark to shielding it from unauthorized use, it is imperative to have advice and be fully prepared.