What is a trademark infringement?

Trademark infringement is when someone uses a protected trademark without permission from the trademark owner. A trademark is a symbol, phrase, or word that identifies and distinguishes a company’s goods and services from its competitors. In Florida, if someone uses another company’s trademark in a way that could mistakenly confuse consumers as to the origin of the goods or services, it could be considered trademark infringement. For trademark infringement to occur, the use must create a likelihood of confusion in the minds of consumers. For example, an unauthorized company using the same trademark or a similar trademark on its goods or services could represent a trademark infringement. It is also possible to infringe upon another company’s trademark though other activities such as false advertising or selling counterfeit goods. Companies in Florida can protect their trademarks by registering them with the Secretary of State Corporations Division. In addition, it is important to watch for any potential trademark infringement and take action to protect the company’s rights. Companies can do this by searching for infringing marks, monitoring competitor’s uses, and routinely reviewing their own trademarks. If an infringement is detected, the company should contact a trademark attorney to determine its best course of action.

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