How do I know if someone is infringing on my trademark?

In Massachusetts, the trademark law is set up to protect the trademark holder from unauthorized use or "infringement" of their trademark. To know if someone is infringing on your trademark, you must first determine if the use of the trademark is causing a “likelihood of confusion” for the public. This is determined based on the similarities between the two trademarks, and if it would likely lead the public to believe that the trademarks are related in some way. A trademark holder can also perform what are known as “trademark watch services” to determine if someone is infringing on their trademark. This is an in-depth process including searching various public databases and other sources to find any potential violations of the trademark. If you believe that someone is infringing on your trademark, you should contact a lawyer to discuss your options. Depending on the situation, the lawyer may recommend filing a trademark infringement lawsuit. This can help the trademark holder protect their trademark and receive any damages they may have suffered due to the infringement. Overall, understanding trademark law in Massachusetts is important to help protect your trademark. By monitoring potential infringements of your trademark and consulting with a lawyer, you can better protect yourself from unauthorized use of your trademark.

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