How do I know if someone is infringing on my trademark?
If you believe that someone is infringing on your trademark, the first thing you should do is check to see if the mark is registered with the United States Patent and Trademark Office. If it is, then you have a solid case for trademark infringement. You should also check to see if the infringing mark is similar enough to be confusing to potential customers. If so, then it is likely to be deemed an infringement. In Washington, the rules of trademark infringement are set out in the Lanham Act. According to the Act, when two trademarks are confusingly similar, the holder of the registered trademark has the right to take legal action against the other party. Specifically, the Lanham Act prohibits the use of the registered trademark in commerce in a way that would cause confusion, mistake, or deception as to the affiliation, connection, or association of the user with the trademark holder. If you believe that a trademark is being infringed upon, you can contact a qualified attorney to help you pursue a trademark infringement claim. They can help you gather evidence, build a case, and represent you in court if necessary. In Washington, you would need to bring the case in a federal court to seek legal action. It is important to remember that trademark infringement can be a costly and time-consuming process, so it is best to take steps to protect your trademarks from the start. The USPTO can help you register your trademark, which will give you the strongest protection possible.
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