Infringing on a Trademark may result in a lawsuit for the owner of the Patent trademark law. An infringement is deemed to have occurred when the use of the trademark is likely to cause confusion to the public. The trademark owner may sue for infringement if their goods, services, or advertisements contain a similar mark. The standard for trademark infringement is the “likelihood of confusion.” If a consumer believes that a particular product is endorsed or sponsored by a specific organization, such use may be considered an infringement.
Trademarks must be distinctive
In order to register a trademark, it must be distinctive in the marketplace. However, the law does not define the distinctiveness of a trademark based on its appearance alone. In other words, trademarks must serve to designate the source of goods or services. A colour may never qualify as a distinctive trademark. Because consumers have to be taught to associate the colour with the source of the goods. Nevertheless, even if the colour is not a distinctive mark, it can still acquire it if its use is recognized by consumers.
They must be used in commerce
The first requirement for trademark registration is that a product or service be “used in commerce.” To be eligible for protection, a product or service must be sold to a consumer or rendered in commerce. That means sales must occur in more than one state. This can include “token” uses such as selling products on social media and sending continuous shipments of a new drug to clinical investigators. The term “use in commerce” has a wide interpretation, and the USPTO has adopted a flexible approach.
They can be infringed
Trademarks are a type of intellectual property that gives companies the right to protect their brands and identify their products. These trademarks may be short phrases, designs, names, words, symbols, or combinations of these. Infringement is when another company uses a similar mark, and this leads to confusion among potential purchasers. In many cases, a trademark owner can recover damages for infringement, including legal fees and costs.