Trademark Infringement

Trademark infringement generally is the unauthorized use of a registered trademark, or use of a mark that is confusingly similar to a registered trademark, on similar goods or services covered by the registered trademark. Generally, the factors used to determine trademark infringement are:

1. The similarity of the marks
2. The similarity of the marketing methods
3. The similarity of the channels of distribution for their goods or services
4. The level of sophistication of the prospective purchasers for the respective parties' goods or services, and the degree of care used in purchasing such goods or services
5. The strength of the registered trademark
6. When the second mark is used with different goods or services than those associated with the registered trademark, the likelihood that consumers would expect the holder of the registered trademark would expand into the field of the second mark
7. Any overlap between the geographic markets of the owners of the two marks, and whether the first registered trademark is known in the geographic area of the second mark
8. The intent of the alleged trademark infringer
9. The actual confusion between the two trademarks

The test for a finding of trademark infringement weighs the various factors, with some factors more important than others. If trademark infringement is found, the remedies available to the owner of the trademark vary, and can include injunctive relief (a court order to stop using the mark) and monetary damages.

If you believe your trademark is being infringed, please contact us to discuss your particular case. It is imperative that you act as soon as possible. Delays can lead to lost revenue for your business, and can additionally hurt your chances of prevailing in any subsequent litigation. We provide a brief telephone consultation free of charge. To schedule a consultation, please contact us online, or call us at 310-277-0444. In office consultations, and in depth telephone consultations, are available for a $80 consultation fee.

InventionPatent.Net- An intellectual property information resource for patents, trademarks, and copyrights, written and edited by Owen Smigelski, Esq.

As in-house counsel, I cannot provide legal advice or information to individual clients.
I recommend consulting with:
Raymond Wagenknecht
Biotech Beach Law Group PC
Toll Free: 886-875-9562
Tel: 619-238-1179
www.biotechbeachlaw.com