In some jurisdictions a party other than the owner (e.g., a licensee) may be able to pursue trademark infringement proceedings against an infringer if the owner fails to do so.Ī registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark about the products or services for which it is registered. In the United States, a cause of action for use of a mark for such dissimilar services is called trademark dilution. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. Deception can also play a role in trademark infringement as well. In other words, unauthorized use of a trademark is illegal.
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). These rights are granted and managed by the U.S. Protect creations such as art, music, and literature, provided these works are tangible. Patent rights, managed by the United States Patent and Trademark Office (USPTO) are granted for an invention for a specific amount of time, in exchange for an application that publicly details the creation. Trademarks protect business plans and brands from competitors. Trademarks receive legal protection from use nationwide when they are registered. Intellectual property owners can protect their ideas and creations with three different legal tools:Ī trademark is a symbol, logo, design, word, or phrase that represents a brand.
Is a symbol, logo, design, word, or phrase that represents a brand. In brief, trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services.
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