Trademark Infringement

Trademark Infringement or Not?

For every creator or owner of a product, it is their responsibility and it is necessary that their trademarks are well communicated, well protected, well monitored, and defended if in case there are legal actions required. This article will teach you the basics of trademark infringement.

When Does Trademark Infringement Occur?

Usually, there will be trademark infringement if a person uses or used a trademark sign substantially same (identical) or deceptively alike (similar) to an already registered trademark of a good or service. Not only that, if your goods or services have the same description or very much related to the other registered goods and services, then you have committed infringement for this will cause deception and confusion. Here comes the big part. When your goods and services becomes deceptively similar or substantially identical to very popular or well known trademark, then again, you have committed infringement for this can demonstrate connection to the well known trademark when in fact yours is unrelated. The property owner’s interest will be affected adversely.

No Trademark Infringement

There will be no trademark infringement if the person is a predecessor of a business, if he or she uses the name of a business, location of the business, uses a sign that indicates the purpose, quality, value or characteristics, quantity, and kind of their goods and services in good faith. Similarly, when a person advertises for a good or service and the mark indicates the purpose, like for example the good is an accessory or a spare part for a trademarked good, then there is no infringement.

If a person has his own trademark registered, it can be a defense from another registered trademark. A person is entitled to register if he or she uses a mark or he has a consent from another trademark owner that there is no issue to avoid infringement. There is also no issue if a person uses a disclaimed part of a registered trademark. Lastly, there is no issue if a person uses a trademark which is not contradicting to the limitations or conditions where which registration is subjected.