A “trademark” is defined as distinctive symbol, mark, word (or words) that is either legally registered or established by use as representing a company or product in the marketplace.
“Infringement” is the act of breaking a law or rules. While it is smart to legally register your trademark, it’s not always necessary to have a registered trademark in order to prove infringement. If you can prove that the mark is 1) legally protectable, 2) you own the mark, and 3) that the infringing company (or person) is causing confusion in the same marketplace by using a mark similar or the same as yours on a product similar or the same as yours, you may be able to establish that there has been a legal violation of your trademark.
While this all seems straight forward, it’s not – which is why it’s important that before you do anything else, you contact an intellectual property attorney if you believe your trademark has been infringed upon. An attorney can help you sort out your rights and help you determine the right course of action to protect you and your brand.
At The Law Offices of Linda S. McAleer we firmly believe that no matter how large or small your company is, you are afforded the same protection under the law – and we will fight to protect your rights.