Trademark Infringement
In general a trademark is primarily infringed by use of an identical/similar trademark in respect of identical/similar goods/services. Other forms of infringement do exist, but are generally less common.
Thus, a registered trademark provides its owner with an exclusive right to use the mark in the territory in which it is registered.
If a trademark registration is successfully enforced then the trademark owner can be awarded an injunction, damages or an account of profits, amongst other remedies.
Just as important as ensuring that you do not infringe any third party registrations is the policing of your own trademark registrations. If you do not enforce your registrations against infringers then the trademark can become liable to be revoked owing to it having become generic.
If you suspect someone is infringing your trademark rights it is important to act quickly. Often, a letter before action puts a stop to acts trademark infringement, although it is important to word such a letter correctly, as unjustified threats of trademark infringement can themselves be an actionable office.
Contact us for a free consultation or for more information on trademark infringement.
