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How to prove if someone copies your trademark

On Behalf of | Jun 5, 2024 | Intellectual Property

A registered trademark is essential for businesses. It takes a lot of hard work and creativity to produce a unique one that will make you stand out among your competitors. So, when someone uses your company’s trademark without permission, acting and protecting your rights is only fitting.

What constitutes a trademark infringement

Owners alleging trademark infringement may file a complaint in either state court or federal court. But first, there are important details that you must gather to successfully litigate your trademark infringement claim, such as:

  • Trademark registration: Can you provide documentation that you have registered the trademark with the United States Patent and Trademark Office (USPTO)? This is the strength of your case.
  • Evidence of use: You must show proof of your prior and continuous use of the trademark in business, such as in packaging, marketing materials, website content and others.
  • Similarity of marks: How similar are the sights, sounds and overall impressions created by your mark and the alleged infringing one?
  • Likelihood of confusion: Does the alleged infringed mark confuse the public about the source of the products or services?

When building your claim, it is essential to note that the other company can still use the same or similar trademark name if the two businesses offer different products or services.

If company A sells insurance products and company B provides vocational training and both use the slogan “We change lives,” they could coexist since their customers will not overlap.

Early action is key

The court can prevent or stop the defender from using the mark if trademark infringement is proven and you may also receive monetary relief from damages. More importantly, you get to keep your brand identity and customer trust. The earlier you address the issue with the aid of an experienced attorney, the better chance you have of safeguarding your investment.

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