Quick Answer: What Is The Punishment For Trademark Infringement?

What happens if you use a trademark without permission?

United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers..

Can a trademark be bought or sold?

How to Sell a trademark. The selling of trademark does not mean selling of the company. … 1) Assignment Deed: As any property, may be a car or house is sold by an agreement between the buyer and the seller, the same way trademark is transferred by an Assignment deed between the buyer and the seller.

How much does it cost to sue for trademark infringement?

Now consider the cost of suing. Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.

What is considered trademark infringement?

What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

What Cannot be a trademark?

Not having a distinctive character A trademark which does not possesses a distinctive character which can differentiate the goods or services from others. It means a brand name which is already registered or applied for registration, cannot be trademarked. It can create confusion among consumers.

How long do Trademarks last in the US?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Is Won’t you be my neighbor trademarked?

“Won’t you be my neighbor?” was Rogers’ trademark line on “Mister Rogers Neighborhood,” the beloved children’s series that ran nearly four decades from the mid-1960s to 2001.

Can you go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

Can you trademark a single word?

What Can Be Trademarked? Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.

Can logos be used without permission?

A person or company should never use a trademark or logo without written permission from its owner. To get permission, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. … However, even then, third parties cannot use logos without a specific agreement.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

What are the consequences of trademark infringement?

Trademark infringement can result in the following legal consequences: Monetary reimbursement for losses to the plaintiff. An injunction requiring the defendant to stop producing/using/distributing goods with the trademark. Seizure of goods that use or incorporate the unauthorized trademark.

What happens if you use someone’s trademark?

If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

What is trademark infringement examples?

Examples of trademark infringement cases include instances in which one company sues because it contends that another company is profiting from its trademark without approval.

Can you sue without a trademark?

Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. … However, the law does not require registration as a requirement to obtain legal rights.