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 do you do if someone breaches a trademark?
Enforce your rights
If you suspect your trademark is being infringed, then you should consider taking action. But first, always seek professional advice from an experienced trademark lawyer or trademark attorney. In most cases, they will usually advise sending a cease and desist letter to the infringing business.
What is the punishment for breaking a trademark?
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.
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.
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.
What can I do if someone is using my business name?
If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.
Can you sue for trademark dilution?
While it is still possible to sue for dilution under a state statute, most actions to stop dilution are now brought under the new federal law. Learn more about Trademark Law.
What constitutes a breach of trademark?
In relation to trade mark infringement you must establish that: the infringing trade mark is being used on identical or similar goods and/or services for which your trade mark is registered. the infringer’s sign or trade mark is sufficiently similar to your trade mark and may cause confusion about the product’s origin.
Can someone use your trademark name?
A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.
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.
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.