Trademark infringement is a violation of the exclusive rights held by a trademark without any authorization from the trademark owner or license of the trademarks itself. Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to services or products, which are similar or identical to the services or products which the registration covers. An owner of a trademark may start legal proceedings against a party which infringes its registration. One of the major tasks several international financial regulatory bodies take on is the management of trademark law, to try to ensure that trademark infringement is punishable in all major markets, to reduce the chances of a trademark being diminished anywhere on the planet.
Infringement occurs when someone else uses a trademark that is similar to your registered trademark for the same or similar services/goods.
Trademark infringement claims usually involve the issues of likelihood of confusion, counterfeit marks and dilution of marks. The plaintiff should show that because of the similar marks, several consumers are likely to be confused or mislead about the source of the products that bear these marks.
|
