Are You A Victim Of Trademark Infringement?

18 August 2022 by Jonathan Phillips

Do you currently have the right of a trademark for your business and you feel like another company is infringing on that trademark? If so, it will help to know the following factors that could make you a victim of trademark infringement.

Your Trademark Is Distinctive

It's important that you have a distinctive trademark that really helps people identify your company. This can be something such as the logo, a company slogan, or even the name. These are things that your trademark is designed to protect so that your company is unique to others. If you have a trademark on something that is very distinctive to your business, then you can move on to look for other examples of trademark infringement.

The Trademark Infringement Dilutes Your Trademark 

You'll want to consider how the other person is using your trademark, and if it dilutes your company in any possible way. This is often the case when a business that you would consider competition uses your trademark. For example, if you have a restaurant then it would be more harmful if another restaurant is infringing on your trademark. If it was a company in a totally different space, like a law office, then their use may not be diluting your trademark.

The Trademark Infringement Causes Unwanted Association 

Another company may be trying to associate themselves with your company to intentionally cause confusion. Having a very similar name or logo could make customers think that their company is actually your company, and your advertising and name are driving business to a competitor. This is a way that trademark infringement can cause unwanted association, which needs to be ended through legal means. 

The Trademark Infringement Harms Your Reputation 

Even if the other company is using your trademark in a different space and is non-competitive, that doesn't give them the right to potential trademark infringement. You also need to look at if their use of your trademark is causing harm to the reputation of your business. A good example would be if the other type of company was one that had a particularly bad reputation, and you are afraid that the confusion will harm your reputation with potential customers.

Trademark infringement is a difficult legal situation to navigate. That is why you will want a lawyer on your side that specializes in trademark law. They can use their history of cases they have worked on to help you win in court. For more information, contact a trademark attorney near you.

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