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How do you resolve a trademark conflict?

Posted on August 26, 2022 by Author

How do you resolve a trademark conflict?

In the case of trademark infringement, the court may award the following remedies:

  1. Temporary injunction.
  2. Permanent injunction.
  3. Damages.
  4. Account of profits (damages in the amount of the profits gained from the infringement)
  5. Destruction of goods using the infringing mark.
  6. Cost of legal proceedings.

How do you protect a trademark internationally?

You can apply for international trademark protection by filing an MM2 form, which is available on the WIPO website. Then, you can submit a hard copy to the U.S. office. There are 113 countries that currently offer protection under the Madrid Agreement, including China, France, Italy, Australia and the European Union.

How do you handle trademark infringement?

If the trademark owner is able to prove infringement, available remedies may include the following:

  1. a court order (injunction) that the defendant stop using the accused mark;
  2. an order requiring the destruction or forfeiture of infringing articles;

How do I file a trademark in USA?

The United States Patent and Trademark Office (USPTO) encourages online filing via TEAS (Trademark Electronic Application System) on its website at https://www.uspto.gov/trademarks-application-process/filing-online/initial-application-forms. Over 85 percent of trademark applications are filed electronically.

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What can I do if my trademark is being infringed?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances.

Can I register a trademark for a similar mark in UK?

It is important to note that in the United Kingdom, it is possible for a person to obtain registration for a mark, even if a similar mark exists. During the registration process, an examiner at the IPO will review the trademark application and notify owners of similar marks of its status.

What are the rights of a trademark plaintiff?

When a plaintiff owns a federal trademark registration on the Principal Register, there is a legal presumption of the validity and ownership of the mark as well as of the exclusive right to use the mark nationwide on or in connection with the goods or services listed in the registration.

What is tradtrademark infringement?

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Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

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