Before we dive into how to avoid trademark disputes, let’s go over a few things you should know about trademarks:
Trademarks Help Prevent Consumer Confusion
When a consumer comes across a trademark for a particular business, they know what that company is all about. And if a consumer sees another trademark that’s similar to a trademark that’s been around for a while, it’s likely that person will be confused. This means that, if you have to stop trademark infringement, you need to provide proof that consumers would become confused if they saw your competitor’s trademark.
There Are Some Things That Can’t Be Used as Trademarks
Not everything can be a trademark. For example, a generic term like “computers” (Apple Computers) or “trucks” (Ford Trucks) can’t be protected by itself. There are lots of other specific items that can’t be used as trademarks, including an accurate representation of the American flag.
Famous Trademarks Will Get Special Protection
Well-known trademarks are considered different from your typical trademark. A company that owns a famous trademark can go up against you while filling a fraudulent case if you tarnish their trademark or blur its effect in any way. The bottom line? Avoid getting into conflicts with big brands like Starbucks or McDonald’s that have famous trademarks.
As A Trademark Owner, You’re in Charge of Enforcing Your Rights
When it comes to protecting your trademark, it’s up to you, the trademark owner, to chase an infringer. With the exception of counterfeiters, the government doesn’t prosecute trademark abusers.
How To Avoid Trademark Disputes
When competing businesses adopt similar names, the law usually favors the first business that used the name on a category of goods or services within a geographic area. For example, no one is allowed to use the name FedEx for a delivery service because they were the first business to use that name. If you tried to use that name, you’d get sued by FedEx for trademark infringement, and you’d have to stop using the name and pay damages.
No one wants to deal with a trademark dispute. So, before deciding to use a trademark, perform a thorough trademark search. This is the best way to find out whether or not your choice for a trademark is already being used by someone else. Again, trademark law will reward the first user of a trademark on goods and services. So, if you aren’t the first user of a trademark, you might have to change your mark, pay damages, or pay for permission to use the mark.
Breaking Down Trademark Research
A trademark search is an investigation to discover if any potential conflicts exist between a proposed trademark and an existing trademark. This search helps reduce the possibility of inadvertently using a trademark that belongs to another business. It should come as no surprise that this should be done before a proposed trademark is used, and even before your business name is registered.
You can conduct your own preliminary trademark search online to find out if a trademark is federally registered. But if you want to be as thorough as possible, it’s best to pay for a professional search. And you can make contact with Trademark & Intellectual Property Attorney Baltimore, MD for thorough guidance. Because a trademark attorney has professional way to elaborate the things or he/she knows about the pros & cons of every action.
