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Q.How do I stop a third party infringing my trademark?

A.A trademark infringement action may be brought in either state or federal court. In federal court, a federally registered trademark is protected form infringement under the Lanham Act. The owner of a trademark is entitled to the exclusive right to use the mark. This entitlement includes the ability to prevent the use, by unauthorized third parties, of a confusingly similar mark. Marks used by unrelated parties are confusingly similar if, by their use on the same or similar goods or services, the relevant consumer population would think the goods or services come from the same source.

"Confusingly similar" is determined by looking at all the facts and circumstances surrounding the alleged infringement. Crucial to this determination is the similar nature of the goods or services which the infringer is supplying and the actual marks used.




Copyright 1999-2018 Melissa C. Marsh. All Rights Reserved. All Information on this website is subject to a Disclaimer and Use Agreement. This information is provided as general information only and should not be construed as legal advice. We advise you to seek the advice of competent legal counsel to address your own specific questions, facts and circumstances.