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How to Report Trademark Infringement

How To Report Trademark Infringement

In order to report trademarks infringement, the owner of a trademark must have clearly established possession of that trademark, or have gotten the trademark registered. This shows ownership of a trademark. If the owner discovers that the same, or a similar, trademark is being used, he or she can take action to have the other trademark removed from the market.

If the owner sues for trademarks infringement in civil court, the owner will have the burden of proving the infringer created a likelihood of confusion among consumers. In trademarks infringement cases, confusion mainly comes in the form of understanding what services or products a company provides. If a similar trademark is being used by two completely different companies, people may eventually grow confused as to which is which.

To prove trademarks infringement, the plaintiff must show he or she has been using the trademark, and has clearly established ownership, whether it be through use over time, or by means of registration with the United States Patents and Trademark Office.

If there is any confusion created between the two trademarks, the trademark that is registered with the USPTO will likely win the trademarks infringement case. Often, the only outcome from trademark infringement cases is an injunction against the infringing company from using the trademark in question.

Occasionally monetary restitution is paid to make up for attorney fees or profit loses that may have occurred due to confusion from trademark infringement. The court system is the only place that someone needs to report trademark infringement to. Once the trial takes place, if there has been clear ownership established, the trial should not be lengthy or complicated.

NEXT: Likelihood of Confusion of Trademarks

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