What happens when you infringe 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 happens if you are sued for trademark infringement?
How does a trademark infringement lawsuit begin? … However, in most cases, the trademark owner, as plaintiff, will choose federal court. Even when a plaintiff chooses state court, it may be possible for the defendant to have the case “removed” to federal court.
What is the punishment for trademark infringement?
The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It’s also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.
Are trademarks protected from infringement?
More than other forms of intellectual property, trademarks protect your ability to use your mark. If you stop using the trademark, your ability to enforce those rights can get limited or can disappear entirely. … Protect yourself from trademark infringement by registering your trademark through LegalZoom.
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.
How do I not get sued for a trademark?
Here are five steps small business owners can follow to avoid a trademark infringement lawsuit:
- Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. …
- Enlist help. …
- Consider general liability insurance. …
- Register your trademark.
How much does a trademark lawsuit cost?
Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.
How much is a trademark lawsuit?
Trademark infringement lawsuits can cost on average anywhere between $120,000 to $750,000 depending on the complexity of the case. During the pendency of the lawsuit, you are responsible for paying your Attorney’s monthly bills.
Is passing off a tort?
In common law countries such as the United Kingdom, the Philippines and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation.
Can you trademark a name already in use but not trademarked?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.