How does trademark law protect against trademark infringement?
Trademark law exists to protect businesses from unfair competition by preventing confusion in the marketplace. In short, trademark law protects businesses from having their products or services confused with those of a competitor. In North Carolina, trademark law prohibits trademark infringement by forbidding the unauthorized use of another company’s trademark. Trademarks generally consist of recognizable words, images, or symbols that serve to identify a particular brand or product. By registering a trademark with the U.S. Patent and Trademark Office (USPTO), a business can protect its identity and the distinctiveness of their goods or services. When a company suspects another company of using its trademark without permission or authorization, they can file a suit in Federal court. In this suit, the plaintiff will claim that the defendant’s use of their trademark has caused confusion in the marketplace. If the judge finds that the defendant is guilty of trademark infringement, the infringing party will be ordered to stop using the mark and may have to pay damages to the plaintiff. Trademark law is an important part of unfair competition law as it helps to protect businesses from unfairly competing with one another. It also helps prevent businesses from being negatively impacted by others using their trademarks without permission. Companies should regularly monitor for infringement of their trademarks in order to protect their business from any potential harm.
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