What happens if you violate trademark?
When infringement occurs, a trademark owner (the plaintiff) may file a lawsuit against the infringing user of the same or similar mark (the defendant) to prevent further use of the mark and collect money damages for the wrongful use.
What is the punishment for trademark?
Criminal sanctions associated with trademark infringement can attract a prison sentence of up to 10 years or an unlimited fine. Not an insignificant deterrent to a potential offender.
What are the legal consequences for a trademark Servicemark violation?
These possible consequences include a monetary damages award, which is intended to compensate the service mark holder for loss of profits, legal fees, and other costs. Other common remedies include injunctions and cease/desist orders from the court.
What happens if you break the trademark law UK?
Under civil law you may be subject to court action and have to pay damages. Criminal action may lead to unlimited fines, or a custodial sentence (which could be up to a maximum of 10 years).
Can I sue someone for using my trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
How serious is trademark infringement?
Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices. … An injunction requiring the defendant to stop producing/using/distributing goods with the trademark. Seizure of goods that use or incorporate the unauthorized trademark.
Is it illegal to claim a trademark?
You can claim trademark rights in your unregistered trademark as long as it is distinctive and identifies or distinguishes your products or services. A trade name for your business is not the same as an unregistered trademark and is not given the same protections under federal trademark law.
Can you steal a trademark?
Even after your trademark application has been approved, people can challenge and steal your intellectual property, using legal means. … When a trademark is issued, the United States Patent & Trademark Office (USPTO) provides the terms and grounds on which the rights may be retained.
What constitutes a trademark violation?
Trademark infringement is defined as the unauthorized use of a trademark or service mark. This use can be in connection with goods or services and may lead to confusion, deception, or a misunderstanding about the actual company a product or service came from.
What are the four major Lanham Act violations?
The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.