Trademark violation law

 

Companies and individuals use trademarks to create a unique identity for particular products or services which makes them distinct from competing products.

By registering your trademark, you gain the benefit of exclusive ownership. This means that you can charge a fee to any third party that you allow to use your trademark. It also means that you can defend a trademark legally against any perceived infringement through trademark violation law.

If your company wishes to pursue a claim of infringement of your trademark, it is important to engage a specialist trademark solicitor who will understand the proceedings involved, and the exceptions which may mean you are less able to defend the claim. You should also seek advice from a trademark solicitor if a claim is made against you for infringement of trademark.

Trademark violation law will protect you if another party uses your trademark without permission, or uses an identical or similar trademark for similar products or services, which gives rise to confusion among potential consumers. It is also a violation if an imitation trademark is used to cause detriment to the original or in a way which derives unfair advantage by imitating the original trademark.

If it can be proved that a trademark was imitated entirely unintentionally, and the user’s intentions were therefore honest, it is possible that any claim of infringement would fail. There are other ways in which violation claims can be successfully defended, particularly where it can be proved that there were errors in registering the original trademark.

If a trademark is not registered, you cannot claim it has been violated. Despite the presence of trademark violation law, common-law proceedings would allow you to defend your trademark against ‘passing off’. Another valid exception to infringement is if the trademark is used in comparative advertising.

Making or defending a claim of trademark violation can be costly and time-consuming and requires specialist knowledge of intellectual property law. It is therefore advisable to engage a specialist trademark lawyer before undertaking any such proceedings.

If you would like to obtain legal advice on trademarks, Caven can put you in touch with a local specialist intellectual property / trademark solicitor free of charge. So, if you have any questions or would like our help in finding local intellectual property / trademark solicitors please call us on 08001 221 2299 or complete the web-form above.

 

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