The term trademark infringement denotes the illegal use of a trademark or service mark. It is basically related to the services or goods that are leading to confusion or misunderstanding about the real service or product. A trademark owner is allowed to take legal action against the violator if they prove that their mark is being violated. Moreover, the owner may also receive monetary relief, if he or she is able to prove trademark infringement in the court. Also, the owner may put a halt to the practice of use or sale of the infringing mark.
Also Read: Trademark Monitoring: Why is it Important for your Brand?
Trademark Infringement: Rights
As a trademark owner, you may file a lawsuit in either state court or federal court if you find that someone is violating your trademark rights. However, the trademark owners generally go to the federal court to sue for infringement. The federal court may take the following action if the trademark owner is able to prove trademark violation:
- An order for the infringer to stop using or selling the infringing mark.
- Command for the dumping or destruction of all the infringing products.
- Reimbursement or monetary relief that includes damages received by the litigant, cost of the action and profit earned by the defendant.
- Sometimes the court also orders the defendant to pay the attorney fees of the litigant.
Also Read: Global Trademark Search and its significance
How to Avoid Trademark Infringement?
The best possible way to minimize the risk of trademark infringement is to monitor the trademark database on a regular basis. It helps you to analyze other trademarks and take necessary steps if you are concerned about a new similar trademark.
A number of companies provide trademark monitoring services for new trademark applications. Also, they have access to government data about every trademark filing. Moreover, you are informed with the details in case any of the filings is similar to your trademark.
The trademark monitoring services prove beneficial to a company in numerous terms. Also, these services notify you if a third party tries to breach your already registered trademark. Thus, it helps you to take the required action in time. Some of the major benefits of these services are:
- Helps the company to protect the IP rights over their trademark and prevent others from infringing the mark.
- Handles the infringement protection part and allows the company to feed more time and effort for their own betterment.
- Similar or identical marks may affect the sale and reputation of the company. Thus, they protect the rights of a company over the registered trademark.
- Earn profits in terms of revenue if a third party tries to infringe on the trademark owned by the company.
- A company can watch the competitors and figure out the fields in which they are going to enter. Thus, the company can adjust their business strategies accordingly.
- There is a limited time period of 30 days to file against infringement. However, the application is considered as Untimely and may cost more if you fail to file within the time period. The trademark watch services help to catch these infringing activities early and notify the owner.
Also Read: Trademark Monitoring Fundamentals: Know the Importance
How to Avoid a Trademark Infringement? The Trademark Watch Company
Our professional team of the Trademark Watch Company provides you with the best quality work and most efficient outcomes. They use a wide range of databases to provide you with a global level result. We are a trusted organization in providing 100% customer satisfaction with quick turnaround time. Moreover, we work on manual-based searches that prevent any useful information to slip through our hands. The Trademark Watch Company uses a manual search to look for the trademark infringement.
Also, we have a wide range of search databases. Our skilled team members start sending you the search reports within the first 4 days of service. Moreover, the price for the service is pocket-friendly that you can order online too. You only have to provide us with the mark details and search variants. You can obtain your desired output online. To know more about our services do visit The Trademark Watch Company.
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