What is an infringement of a trademark and how can it be avoided?

An infringement of a trademark occurs when a person or business uses, without permission, a name, symbol, or design that is the same or similar to an existing trademark owned by someone else. This could be used to deceive the public into believing there is an affiliation or sponsorship between the parties, or to unfairly capitalize on the reputation of a trademark. In Georgia, trademark law allows the owner of a trademark to pursue legal action against anyone who has used the mark without permission. To avoid infringing on someone else’s trademark, it is important to perform a thorough search to check if the trademark is already registered with the U.S. Patent and Trademark Office or is in use by someone else. If the search comes out negative, you should then make sure the name, symbol, or design you are creating is sufficiently different from existing registered trademarks and is not likely to cause confusion in the marketplace. Additionally, the use of the ® or ™ symbols as well as including a copyright notice (©) on the product or service helps protect the trademark from infringement. Finally, it is recommended to register the trademark with the USPTO to ensure that the rights to the trademark are fully protected.

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What is an infringement of a trademark and how can it be avoided?

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