Define: Infringement Of Trademark

Trademark infringement occurs when someone uses a trademark that is identical or similar to another trademark in a way that causes confusion among consumers. This can include using the same or similar logo, name, or design.

To protect your trademark from infringement, you should register it with the appropriate government agency, such as the United States Patent and Trademark Office (USPTO). This registration provides legal protection and allows you to take legal action against infringers.

The consequences of trademark infringement can include legal action, such as a lawsuit, where the infringer may be required to pay damages, cease using the infringing mark, and potentially face criminal penalties in some cases.

Trademark infringement involves the unauthorized use of a trademark that causes confusion among consumers, while trademark dilution occurs when a famous trademark is used in a way that weakens its distinctiveness or reputation, even without causing confusion.

Yes, you can use a trademark without registration, but registering it provides stronger legal protection and makes it easier to enforce your rights in case of infringement.

Common defences in trademark infringement cases include fair use, parody, and genericness. However, the availability and success of these defences depend on the specific circumstances of each case.

Yes, you can sue someone for trademark infringement even if they are using a similar mark in a different industry. The key factor is whether their use of the mark is likely to cause confusion among consumers.

To prove trademark infringement, you need to demonstrate that you have a valid and enforceable trademark, that the infringer used a similar mark, and that this use is likely to cause confusion among consumers.

Yes, you can license your trademark to others, allowing them to use it under certain conditions. However, it is important to have a well-drafted licensing agreement to protect your rights and ensure proper use of your trademark.

If you believe your trademark is being infringed, you should consult with a trademark attorney who can guide you through the process of enforcing your rights. This may involve sending a cease and desist letter, filing a lawsuit, or pursuing alternative dispute resolution methods.