With the constantly growing use of the Internet, trademark infringements are easily noticed, and claims are becoming more common around St. Petersburg. Being well-informed on the laws and regulations will help you protect yourself and your business from legal issues and penalties.
A trademark is a word, phrase, symbol, or combination of these acting as the main identification method for the source of a specific type of good. In other words: a brand. Today, the Lanham Act of 1946 serves as guideline for lawsuit decisions.
Infringement occurs when a person or business uses a mark that causes a likelihood of confusion with a federally registered trademark. A trademark owner may file a federal lawsuit for trademark infringement on the basis of a likelihood of confusion regardless of whether consumers are actually confused by the infringing trademark. Usually, the success of the plaintiff’s case depends on an analysis of the likelihood of confusion factors, especially the similarity of the marks and the similarity of the goods or services.
This likelihood of confusion is the heart of trademark infringement analysis and determining the consequences of the defendant’s use of a similar mark in St. Petersburg.
Dealing With a Lawsuit
Whether you are on the plaintiff’s or the defendant’s side, you are strongly encouraged to receive the help of an attorney to handle a trademark infringement lawsuit. A professional can help plaintiffs protect their brands by eliminating further use by the infringing party, and in some cases, recovering monetary damages. Likewise, an attorney can assist defendants by raising defenses against claims of trademark infringement or negotiating settlements.
Applying for a federal trademark for your brand can be long and difficult for those who are unfamiliar with the process. Your local St. Petersburg attorney can assist in preparing the application, ensuring you have all the necessary documents, and responding to any office action refusals issued by the United States Patent and Trademark Office examiners.
At Larson & Larson of St. Petersburg, we are available to schedule an appointment and discuss the proper steps to either obtaining a trademark or dealing with a trademark infringement lawsuit. For more information, call us today at 727-546-0660.