A company which uses or copies a trademark registered by another company can be charged with infringement. People who register their trademarks are protected by the Trademark or Lanham Act, the act makes sure that anyone with a registered trademark will be protected from any violation of terms. The act authorizes the fact that it is illegal for anyone to copy or distribute another trademark. Fake advertising will also be punished.



A trademark infringement is possible, if you will be able to prove that there is a "possibility of confusion" between your trademark and the purportedly infringing mark. Such possibility of confusion will be determined through a "trademark analysis," wherein the following items will be analyzed:

1.The design or pattern of the mark, both on inside and outside 2.The representation of your mark and eventual meanings 3.The pronunciation used with that mark will be analyzed and discussed 4.The connection between your services or products and the ones represented by the infringing mark 5.Testing the public opinion and the effect it leaves on the clients

Injunction is what the guilty party receives as a punishment. The term means that they will not be able to use their mark in a certain way; also they can pay trial costs or profit loss due to the trademark infringement to the other party, but that is not always necessary. Some companies may ask for financial benefits, some won't.

Another common term when talking about trademark infringement is trademark dilution. A popular company can ask another company who uses a similar trademark to stop utilizing it. Denying the use of a specific trademark also requires a deep analyze and there are specific things that need to be taken in consideration.

If you have been accused of trademark infringement, here are some recommended actions to undertake. Do not copy. If you will be making a trademark, make sure that you do it with immense originality. It must be unique. Also, do a search. The uniqueness of your trademark may be verified by doing "trademark search." Primarily, you can scout for used trademarks on the internet. There are a lot of "trademark search website" which can help you on your endeavor. Secondly, spare some time to visit the Patent and Trademark Depository Library or PTDL to browse for possible similar trademarks that you have. The said library is situated to almost every state.

Keep in mind that a business or company who stole someone's work cannot be trusted by the public anymore. This is not about the money; it's about the fact that people will no longer respect your business and products. If you stole someone's trademark how can you guarantee that your products are original? You can't and you will gain a bad reputation.