What is Trademark Infringement?

What is Trademark Infringement?

Because of the interconnectivity of information on the internet, trademark infringement in St. Petersburg can be quickly and easily noticed from anywhere in the U.S. Is the trademark of your business being infringed upon, or are you infringing another’s trademark? The first step to understanding this convoluted topic is by starting with a couple basic definitions.

Defining Trademark Infringement

Trademark – A word, symbol, phrase, or combination of the three, that acts as the main method of identification for a company or product. This is your brand. If you’d like to read further on this topic, the Lanham Act of 1946 serves as the guideline.

Infringement – This occurs when a mark is used by an individual or business and causes confusion with an already federally registered mark. Accused trademark infringements are filed by the original owner and are based on the possibility of confusion between the two brands, unrelated to whether anyone has actually confused the two marks or not. Success or failure of the infringement claim is determined after a detailed analysis of the factors that are potentially causing confusion, as well as the similarity of the companies or products.

The likelihood of the two marks being confused is the determining factor when a St. Petersburg attorney argues a case of trademark infringement.

Applying

The application process for a federally approved trademark is complicated and arduous. However, a qualified trademark attorney can assist your St. Petersburg business through the entire process. This includes all necessary paperwork, as well as any correspondence with the USPTO.

Lawsuits

Whether you are the victim of trademark infringement, or stand accused of infringing the trademark of another company or their products, we recommend an attorney’s assistance to navigate the storm. Hiring someone who is knowledgeable in the field can assist a defendant by building a defense against the claim, or negotiating a settlement when it is in the client’s best interest. If your mark is being infringed, a trademark attorney can assist in seeking to eliminate further use by the offender, as well as work to recover monetary damages that may have occurred.

The attorneys at Larson & Larson are available to help you through any part of the process, whether it is filing your trademark application for your St. Petersburg business or goods, or representing you in litigation. Call us today to learn more about how we can help at 727-546-0660.