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Trademark infringement: What you should know

| Dec 14, 2020 | Business Law |

As a business owner in Ohio, you know first hand the importance of protecting your brand. Whether you have worked hard to develop a unique logo, symbol or name that represents your company, or you are in the process of creating such a mark, it is critical that you do not allow your hard work to go to waste. 

Before you choose a mark for your company, you want to make sure it is not already being used. Furthermore, other companies should do the same in order to avoid using a mark similar to yours. 

What is trademark infringement?

Infringement occurs when another company or business uses your mark or a mark that is similar to yours to represent another product or brand, according to the United States Patent and Trademark Office. As a result of the likeness, customers may purchase the other product or use the other service, thinking that it is yours. In a sense, the company is taking your customers. 

How can you protect your mark?

There are steps you can take to protect your mark from infringement. You can register your mark with the United States Patent and Trademark Office. Once you do this, you have a registered trademark, which allows you to take legal action if infringement occurs. 

It is your responsibility to keep an eye out for companies that may use your mark. If someone is infringing, you may file for trademark infringement in federal court. From there, you may receive the following: 

  • Money to replace any profits lost due to the infringing mark 
  • An order that the infringing company destroy any property they made using the mark 
  • An order for the other company to stop using the mark 

Protecting your mark from infringement can help ensure the success of your company and secure the identity of your brand. 

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