What is a trademark infringement claim and how can it be avoided?
A trademark infringement claim is a legal claim brought to court by someone who believes another person or company is using a trademark that is similar to their own. This claim can be made if a company is using a trademark that is confusingly similar to another mark, or if they are using a name that could be confused with an already established trademark. In Massachusetts, trademark infringement claims can be avoided by getting a trademark registration. A trademark registration gives exclusive rights to a business to use a certain logo, name, image, or slogan. A business can also register a trademark on a federal or state level, which will provide extra protection against trademark infringement. Additionally, businesses should be careful to avoid copycatting or imitating a trademark that belongs to another business. Businesses should also avoid using a trademark in a way that could be considered confusing or misleading. It is important to differentiate between your business and another and to make sure you are not trying to purposefully pass off your business as another. By being proactive and taking steps to protect your intellectual property, businesses can avoid a trademark infringement claim. Researching existing trademarks and getting a trademark registration are key steps any business should take in order to protect their trademarks.
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