Having a trademark can add a level of protection to your intellectual property that could prove invaluable in the future. Your images, phrases, slogans or designs could all benefit from trademark protection, but the protection does not necessarily mean that others will not attempt to use your images or phrases.
Trademark infringement is a serious issue, and if another person or entity attempts to infringe on your trademark, you may have to take steps to enforce the protection you obtained for your intellectual property. Otherwise, your business could face harm due to another person’s actions.
When has infringement occurred?
If you have a valid mark and believe that another person has infringed upon it, you may want to fully assess your situation. In particular, you may want to determine whether evidence exists that the other person’s or entity’s image, slogan or detail will cause confusion between your products or business and the other party’s. For instance, the degree of similarity between the marks is of importance, as is the similarity between your goods or services and the goods or services that the other party is attempting to provide.
The matters of marketing, advertisement and place of sale can also act as important factors in an infringement case. If the other party markets or sells the items in areas where you market or sell your goods or services, the court may consider the potential for confusion even greater.
The strength of your mark
Additionally, the strength of your trademark will come into play. If you attempted to trademark a relatively common image or phrase and someone else used it or something similar, the court may not feel as if you have a strong enough mark for another person’s use of it to constitute infringement.
If you believe that you have a case for taking action against another party that violated your trademark’s protection, you may want to look into your legal options. The evidence you are able to provide, and the details of your specific concerns, could play a vital part in attempting to enforce your trademark.
Due to the importance of protecting intellectual property and the role it plays in your company’s success, you may want to consult with a New York attorney. Going over your case with a legal professional could allow you to find ways to strengthen your claims and protect your IP.