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What does trademark infringement look like?

On Behalf of | Aug 15, 2022 | Trademarks |

Some of the most valuable elements of your business can include those that make it identifiable to consumers and distinct from your competitors. You can protect these creative components with a trademark, and you can protect your trademark by taking action against infringers. 

Examples of infringement

When you have and register a trademark for things like your logo, slogan or other brand identifiers, you can have control over how others use it with specific goods or services. Trademarks prevent others in your field with similar services or goods from using the same business branding.

However, parties can violate your rights if they infringe on your trademark. Ways they might do this include:

  • Calling a similar product by the same name
  • Putting your brand’s label on their product
  • Using a similar logo
  • Creating branding with the same color scheme 

These actions can cause confusion among consumers and mislead them with regard to the origin of the products and services you offer. 

How to stop infringement

Trademark infringement can have costly ramifications. If someone infringes on your trademark, you can experience a loss of profits, royalties, and other financial damages.

On the other hand, infringers can face financial penalties and have to cover costs associated with destroying inventory and redesigning products and branding. 

Avoiding these complications and expenses can involve:

  • Conducting a trademark search within your industry and marketplace before creating branding
  • Registering your trademark to make it easy for others to find 
  • Monitoring your trademark online
  • Using your trademarked materials

If you discover someone infringing on your trademark, acting quickly to enforce your rights is crucial. The resolution that is right for you depends on the details of your case, but potential options can include sending a cease-and-desist letter, working out a licensing agreement or litigating the matter in court.

Trademarks protect your business by protecting the creative elements that make it distinctive. Understanding your options and taking your rights seriously can ensure you preserve the value of your intellectual property.