Author Box
Articles Categories
All Categories
Articles Resources

Need for a Trademark Infringement Lawyer

May 11, 2012 | Comments: 0 | Views: 172

Just like a patent, a trademark is a protection provided by the Patent and Trademark Attorney. Nevertheless, patent and trademark are not one and the same. A patent is usually for a new invention like a machine or process or a chemical compound whereas, a trademark is protection for a name or word or design or even graphical representation of a company to distinguish its products from another company's product. By registering trademarks, one can restrict others from taking undue advantage of their company's reputation in the market. In other words, if you register your trademark, no one else except you can use it for promotional or advertising purposes.

In the recent years, trademarks are ubiquitous and the most commonly used trademarks include brand names or logos or advertising caption. One of the major advantages of registering a trademark is that you can establish a direct relationship with your customers by communicating about the quality of your products or by informing the services you offer to them. Hence, by having a trademark, your company can have a brand image among the public, which will take your business to higher level. However, remember that you can get benefitted only when you protect your trademark from infringement.

Trademark infringement refers to the unauthorized use of registered names or logos or designs of a company by another person or company. Use of similar designs or symbols or logos or words to that of registered ones also comes under infringement. Apart from trademark infringement, the owner can also file cases against those who caused trademark dilution. Trademark dilution is nothing but diluting the uniqueness of a trademark purposely by another person or company.

If you find any company or person taking undue advantage of your trademark, the first thing to be done is to consult a trademark infringement lawyer. A trademark infringement lawyer helps you to file a case against the infringer. The first thing a trademark infringement lawyer does is to analyze the extent of infringement. This can be done by observing the following.

1. How similar are the original and infringed trademark? 2. Any evidence to prove that the customer may get confused with the original and infringed trademark 3. Intention of the infringer in using a similar trademark? 4. To what extent this infringed trademark can cause damage to the company's reputation or profit? 5. Marketing means used by the infringer to promote his products etc.

If the lawyer believes that the other person consciously used a similar trademark, he will file a case on behalf of you in the court. Once a case is filed against the infringer, it is his responsibility that the accusation against him is invalid beyond every reasonable doubt. Defences against infringement should include either honest use of trademark or invalid registration of trademark. You need a trademark attorney if you want to file an infringement case or even to defend yourself against the accusation. If you are a defendant, you need an efficient attorney to make sure that the accusation is responded appropriately. If you are a trademark owner, you need a lawyer to make sure that your trademark is not taken advantage by another person or company. So, in either the case, you need to hire a competent trademark lawyer.

The Trademark Attorney has an in-depth involvement with many inventors who deal with technical development of products so that they can gain an understanding of what needs to be protected through patents. Click here for Trademark Lawyer

Source: EzineArticles
Was this Helpful ?

Rate this Article

Article Tags:

Beverly Hills Trademark Attorney


Beverly Hills Trademark Lawyer


Trademark Attorney Beverly Hills

Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 292

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 429

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 235

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 241

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 389

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 244

A trademark gives a person, business, company or any legal entity the power to look unique from others. A trademark is a sign, phrase or symbol that a company can use to indicate that the products

By: Patrick A Thompsonl Legal > Trademarksl June 04, 2012 lViews: 133

For those unfamiliar with the term, a franchisor is a person (or company) who allows an individual to run a location of their business for a fee. This often occurs with fast food outlets (think

By: John Aaric Tylerl Legal > Trademarksl May 29, 2012 lViews: 142

Getting a business trademark is a little more complicated than slapping a symbol on your product and calling it yours -- you want to make sure you're properly protecting your own trademark, while

By: Sarah Kolbl Legal > Trademarksl May 10, 2012 lViews: 128

For any business owner serious about building a definable brand presence in the market, trademarking is an absolute necessity. The scope for what can actually be trademarked is fairly wide; words,

By: Rachel K Dawsonl Legal > Trademarksl May 09, 2012 lViews: 132

Due to the different trademark systems between Hong Kong and mainland China, a successfully registered trademark in Hong Kong may not gain the same protection by law in mainland China. So the

By: Allen Henry Leel Legal > Trademarksl May 04, 2012 lViews: 127

A trademark is a symbol, sign, or other signifier used to uniquely identify a service or product in connection with a certain brand, company, person, or other legal organization. In this article,

By: Sarah Kolbl Legal > Trademarksl May 01, 2012 lViews: 145

There are many kinds of pitbulls out there. This is a very popular breed of dog at the moment. As a result there are many pitbull kennels that specialise in the breeding of this kind of dog. Because

By: Vikram A Khannal Pets > Dogsl April 17, 2012 lViews: 225

When looking to purchase a dog, it is imperative to only get one from a reputable breeder. This same concept applies with pitbull breeders. There are different kinds of pitbulls. One has to research

By: Vikram A Khannal Pets > Dogsl April 17, 2012 lViews: 218

Wedding rings are of great importance to the bride. Its priority is not just because it is a symbol of love and affection given to her by her husband, or because it is a symbol of her marital bond,

By: Vikram A Khannal Shopping Product Reviews > Jewelry Diamondsl April 17, 2012 lViews: 126

We usually relate jewelry to women, but the truth is that a lot of men have started wearing jewelry recently. Gold rings were very popular before the sudden price hikes of gold. Ever since then, the

By: Vikram A Khannal Shopping Product Reviews > Jewelry Diamondsl April 17, 2012 lViews: 119

Hyderabad is a well-developed city of India, as well as the capital of Andhra Pradesh. This city occupies an important place in the country and is famous for a whole lot of reasons. Apart from being

By: Vikram A Khannal Reference & Education > K 12l April 17, 2012 lViews: 168

Educational standards are high in Hyderabad and from the perspective of attaining a good quality education; this city is a great option to live in. Whether its school level education, college level

By: Vikram A Khannal Reference & Education > K 12l April 17, 2012 lViews: 160

Discuss this Article

comments powered by Disqus