Defending Trademark Infringement
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Reference & Education > Legal
Apr 25, 2007
Defending Trademark Infringement
Patent infringement is considered the theft of an invention, idea, or enhancement that has been filed with the U.S. Patent Office, with a given time frame of acceptable overlap of one year. The U.S. Patent Office is responsible for determining whether or not a patent can be granted based on the information given by the applicant. Trademark infringement is the use of a company's or individual's registered trademark, a trademark being a sign, symbol, or emblem used to distinguish one company's or individual's trademark from another, such as RCA uses a specific dog in a specific position as their trademark. Any company wishing to use a dog as their trademark can do so without being guilty of a trademark infringement provided they use a different type of dog as their trademark. Trademark infringement is as equally serious as patent infringement. Trademarks are a recognizable symbol, which companies are hopeful that the general public will associate with quality and purchase the product based on recognition. Trademark infringement is profit infringement, and if trademark infringement is suspected it is within a company's or individual's best interest to contact a trademark lawyer. A trademark lawyer can help launch an investigation and determine whether or not a trademark infringement has occurred. By enlisting the assistance of a trademark lawyer, the company or individual is then able to have legal backing should they choose to make a legal claim of trademark infringement. A trademark lawyer can naturally do the same thing for a patent infringement. The difference between a patent infringement and a trademark infringement is the nature of the idea that is copied. A patent infringement refers to the copying or theft of an actual invention while a trademark infringement refers to the copying or theft of an icon, symbol, or even a special set of lettering. A trademark lawyer can assist a company or individual with either case. The U.S. Patent Office is responsible for keeping and maintaining the records of all patents and trademarks, which is a searchable database of registered patents and trademarks. In order to obtain a legal basis for patent infringement or trademark infringement, the U.S. Patent Office must have a record of the original filing of the patent or trademark. This is not so difficult to obtain through the U.S. Patent Office, especially with the development of the internet and searchable software. These tools have both removed any valid excuse of ignorance for trademark infringement or patent infringement while simultaneously enhancing an inventor's ability to search out trademark infringements and patent infringements. It doesn't take a trademark lawyer to search the database, as this is something anyone can easily do with a little time and energy, and an internet connection. Once the original patent or trademark registration is determined, a trademark lawyer can then follow a few basic steps to determine the actuality of a patent infringement or trademark infringement. This means that the trademark lawyer will likely write a certified letter to the company stating the fact that the company is in violation of trademark infringement laws or patent infringement laws, and they are to immediately cease and desist the current use of either the trademark or the patent. The company then has a choice to make, whether they will immediately abide by the warning letter or they may choose to fight the notion that they are guilty of any type of trademark infringement or patent infringement. They as well will turn to the U.S. Patent Office to determine if they are in error, or if the inventor or trademarked company is mistaken in their assertion. Should their U.S. Patent Office search prove to them that they are in violation of trademark infringement laws or patent infringement laws, and they do not immediately cease and desist, the trademark lawyer will undoubtedly recommend filing a lawsuit. The trademark lawyer may very well recommend filing a lawsuit regardless of the company's further actions, as this is likely to prompt a settlement offer for any marketing or promotion damage that may have been done while the offending company was in violation of trademark infringement laws or patent infringement laws. Trademark infringement and patent infringement can be complicated in proving every detail, particularly if the infringement was in fact intentional or accidental. However, while intent does play a role in determining the outcome of a lawsuit, ignorance does not excuse the action. There should be a decline in trademark infringement and patent infringement cases as the U.S. Patent Office records are now easier than ever to search, however it seems as though cases of infringement are climbing rather than declining.
Nick Johnson represents individuals or companies with cases involving patent infringement. Find more information at http://www.toppatentinfringementattorneys.com or http://www.toppatentinfringementlawyers.com . Call 1-888-311-5522 to receive a free case evaluation.
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