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 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.
What happens when you infringe 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 is the punishment for trademark infringement?
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.
Are trademarks protected from infringement?
More than other forms of intellectual property, trademarks protect your ability to use your mark. If you stop using the trademark, your ability to enforce those rights can get limited or can disappear entirely. … Protect yourself from trademark
infringement by registering your trademark through LegalZoom
.
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
.
How long can trademarks last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed
every ten years
. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
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.
How much does a trademark lawsuit cost?
Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost
over $20,000
, and that number can increase depending on the location of the litigation and the possibility of appeal.
What are the remedies for infringement of a trademark?
- Monetary compensation. The classic legal remedy in any type of litigation is monetary compensation. …
- Court-ordered injunction. …
- Court-ordered forfeiture or destruction of the infringing goods. …
- Payment of plaintiff’s attorneys’ fees.
What should you do if someone else is using your trademark?
Action Against Trademark Infringement
When trademark infringement takes place, you can
send a warning to the person using the same trademark
to refrain from using it. You can directly send a notice to the person using your trademark of initiating legal action against him/her if he/she does not stop using it.
Is passing off a tort?
In common law countries such as the United Kingdom, the Philippines and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off
protects the goodwill of a trader from misrepresentation
.
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.
What are the most common defenses to trademark infringement?
The most common defenses in trademark infringement, unfair competition and trademark dilution suits include
descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse
, fraud in obtaining the registration, and application of the First Amendment.
What is the difference between trademark dilution and infringement?
Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark. Instead, all that is required is that
use of a “famous” mark by a third party causes the dilution of the “distinctive quality” of the mark
.
Who can sue for infringement of trademark?
A registered user of a trade mark
is the only entity which is recognised as having a right to institute lawsuits for infringement. Subject to an agreement with the registered proprietor, a registered user can institute a lawsuit in its own name (section 52, Trade Marks Act).
