What is an infringement of trademark?

An infringement of trademark is when someone uses a trademark without having the proper permission from the owner. In Kansas, an infringement of trademark is governed by state law as well as federal laws. Under Kansas state law, the unauthorized use of a trademark, trade name, or service mark may be considered an infringement, as well as the use of a similar mark that is likely to cause confusion or mistake for consumers as to the origin of goods or services. When these types of issues arise, the trademark owner may seek an injunction to stop the unauthorized use of the trademark, as well as damages for any harm caused by the infringement. Under federal trademark law, trademark infringement is defined as the unauthorized use of a trademark in connection with goods and services in commerce. This means that if a person uses a trademark in a way that is likely to cause confusion with the actual trademark owner, the owner of the trademark may be able to file a lawsuit to stop the infringement. If successful, the trademark owner may be able to recover damages for the infringement. In order to protect trademark owners, Kansas has established a trademark registration system. This system allows trademark owners to register their marks, giving them heightened protection against infringement. If someone is found to have infringed upon a registered trademark, they can be held accountable to the trademark owner in a civil court.

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