Trademark Infringement - What It Is And How To Protect Your Trademarks

Trademark Infringement - What It Is And How To Protect Your Trademarks

Business running can be tricky, especially with so many people wanting to ride in your glory when you have just started making it big. You will find situations where other people use your trademark or service mark for their goods, thus robbing you of your value in the market. 


This is what is known as trademark infringement and it is by law an offense. The unauthorized use of service mark or trademark relating to competing services and goods can be costly since the customers end up confusing between products. An infringement lawsuit is applicable in such a case. The owner of the trademark can file a petition so that action can be taken against the infringer in a federal or state court depending on the protection it is under.


Case determination 

Once you have filed a trademark infringement lawsuit, it will be upon the court to determine the existence of confusion. It will look at the meaning, look and sound of the two fighting marks to make a conclusion. The court also takes the time to look at how the two products are related to determine if the infringer indeed tried to co promise the complainant. Mark distinctiveness will also play a role with the major categories to be handled, including arbitrary marks, descriptive marks, generic marks and suggestive marks. 

Generic marks will rarely gain trademark protection since they cover general classes of service and products but descriptive marks gain protection although they require additional proof of trademark distinction by the public. Arbitrary and suggestive marks on the other hand gain highest distinction levels. 

The legal consequences

On determining that indeed there has been trademark infringement, the remedies that can be offered by the court include monetary damages covering attorney fees and lost profits, court injunction for the infringer to stop all usage of the trademark and possibilities of punitive damages in case the court consider infringer actions outrageous. 

Getting help 

Even though you have protected your trademark, there are still risks that third parties might end up infringing on your legal rights. It is an act that can be dangerous for any business since customers can easily be diverted to the competitor’s products. Fortunately, something can always be done as soon as you realize that there has been an infringement. You are protected by law and with the help of a good, qualified trademark attorney; you should be in a position to defend the legal rights that you have. 


When choosing an attorney, remember to consider the experience in trademark 
infringement as well as the success stories that he has behind his representation. When there is experience and know-how, you can be sure that you will get justice from the lawsuit. Even though after a win, the defendant might be required to pay for losses and also the attorney fees you have incurred following the lawsuit, it is still of importance to find and consult with one or more trademark lawyers that match your unique trademark law needs and budget for hiring the right legal help. It will give you soft landing even when a lawsuit is not successful. 


Trademark infringement can be dangerous for any business for any given product. It can compromise the quality and reputation of the brand and the results can be damaging. A highly trained trademark lawyer can greatly help you fight for your legal rights successfully. 

Trademark Attorney, Trademark Lawyer