Frequently Asked Questions
What are the risks of using a mark that infringes on someone else's trademark?
Using a mark that infringes on someone else's trademark can lead to serious legal consequences. Trademarks are a form of intellectual property, and when a company or individual holds a trademark on a specific design, word, phrase, or logo, the use of that mark is restricted.
Only the owner has the right to use, produce, copy, or profit from it. If you use a mark that infringes on someone else's trademark, you are essentially violating their intellectual property rights.
In such cases, the owner of the trademark can take legal action against you in a federal court. This could result in hefty fines, legal fees, and potential damage to your business reputation. It's important to note that using the TM symbol on your mark does not provide any legal protection against such infringements.
The TM symbol merely indicates your intent to move forward with obtaining a legal trademark and stakes your claim in the design.
Before using a mark, it's crucial to conduct thorough research using the Trademark Electronic Search System to ensure that no similar mark already exists. If a similar mark is found, you should make changes to your mark to avoid infringement. Once you've confirmed that your mark is unique, you can start using the TM symbol.
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