Questions Legal

What is a trademark violation?

Airtract

Vanita Manohar

Professional Overthinker

Business uses trademarks for the goods they sell; it is like an identity for the product. Trademark could be anything related to the brand or product, but it should be exclusive. Even a word or name or symbol could be a trademark. Trademark registration is highly essential for safety from infringement.

What is trademark infringement?

Illegal or unauthorized use of a trademark is typically known as trademark infringement. This infringement can end up confusing potential buyers among two different commodities. Trademark could be anything; a slogan, specific color, a way of packaging, phrase, name, word or a symbol. The motive of a trademark is to provide a brand or its products with a unique identity. This uniqueness will help the buyers to recognize their products easily. Trademark comes under the Lanham Act. Trademark violation occurs when:

  • The trademark is eligible and valid to be protected under law.

  • Claiming party of the breach must be the owner of that particular trademark.

  • The illegal use of a trademark must relate to brand promotion or sale. It must be commercialized.

Registered as well as unregistered trademarks can appear to be an infringement.

What could be done when infringement occurs?

In the case of trademark infringement, the owner of a trademark can file a legal claim against the violation. This case will be filed against the person who is an infringing user of the resembling brand. The case is filed for the same trademark, and when the justice is delivered one can claim fine.

Read more: How to trademark artwork?

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