What is a trademark infringement?

Trademark infringement occurs when one person or company uses another person or company’s trademark without permission. A trademark is a phrase, word, symbol, or design that distinguishes or identifies the source of goods or services. A trademark can be federally registered or unregistered. In South Carolina, a trademark can be registered with the Secretary of State or the U.S. Patent and Trademark Office. Trademark infringement may occur when another company duplicates a trademark listed on the Principal Register or the Supplemental Register. It may also occur when a third party uses a trademark on similar goods or services in a way that is likely to cause confusion among consumers. If a customer is confused as to whether two products are related or produced by the same company, the owner of the registered trademark may have a case of trademark infringement. The trademark holder can file a civil suit in a federal court against the other party for trademark infringement under the Lanham Act. The trademark holder must prove that a likelihood of confusion exists, that the registered trademark was used without authorization, and that the infringing party has profited from the infringement. If the trademark holder succeeds in proving trademark infringement, the court may award monetary damages and an injunction that prohibits the infringer from using the trademark. The court may also order that the infringing goods be destroyed.

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