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Trademark Infringement Law

Trademark infringement is a violation of exclusive rights associated to a trademark without the authorization of the trademark owner or any licensee. Generally, Trademark infringement occurs when a person uses a trademark which may be either a symbol or a design, with resembles to the products owned by the other party. The trademark owner may start a legal proceeding against a party, which infringes its trademark registration. Trademark Infringement may arise when one party, the "infringer", uses a trademark which is equal or confusingly similar to a trademark owned by another party, in relation to services or products, which are similar or identical to the services or products which the registration covers. An owner of a trademark may begin a legal proceeding against a party which infringes its registration.

What is Trademark Infringement Law?

Trademarks have been used for as long as products have been offered for sale. They can take on several names, forms, shapes, and colors and can identify a soft drink, a shoe, a sandwich, a car - the possibilities are endless. When another person or company uses the identical or very similar identifying characteristics to market or sell their product, this is called trademark infringement, a violation enclosed by trademark infringement law. When a trademark is considered to be infringed or breached, the assumed violation is presented to a trademark infringement attorney for consideration. If the experienced attorney determines the trademark infringement law has likely been broken, the case is placed under review. Eight factors are predetermined by the courts, determine if real trademark infringement has been taken place.