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

An infringement of a trademark is the unauthorized use of a trademark in a manner that could cause confusion among consumers about the source of an item or service. Examples of trademark infringement include using an identical trademark to the one already registered, using a similar trademark, or using a trademark that is likely to cause confusion with a pre-existing trademark. To avoid trademark infringement, businesses should research trademarks before adoption. This may involve searching the public record of registered trademarks or contacting a trademark attorney to determine if the proposed trademark has been previously registered. Additionally, businesses should constantly monitor the mark to identify any potential infringers. Businesses should also use appropriate trademark notices on their products and services. Generally, placing the trademark in the upper right-hand corner of the mark with a “™” symbol should suffice; if the mark is federally registered, the “®” symbol should be used. Ultimately, avoiding trademark infringement is essential for businesses, not only to protect their own rights, but also for consumers to be certain they are getting the product or service they expect.

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

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