Trademark infringement occurs when a person or business uses a trademark owned by another party. A trademark is any word, symbol, or design that is used in commerce to distinguish the goods or services of one party from those of others.
Trademark infringement can be committed in either of two ways: by using a trademark in connection with goods or services in a manner that is likely to confuse consumers, by using the same or a similar trademark on similar goods or services.
It is important to note that merely using a trademark does not necessarily mean that infringement has occurred.
How to Protect Yourself from Trademark Infringement?
Registering a trademark is the best way to protect your trademark.
If you have already registered your trademark, you can start using it once your trademark registration issues.
However, before you do that, you need to be aware of certain regulations and regulations that apply to trademark owners.
If you have not registered your trademark yet, then there are three ways of protecting yourself from possible infringement:
- First, you can apply for trademark registration and the USPTO will issue registration once you meet all of the requirements;
- Second, you can use a TM or SM symbol next to your trademark;
- Third, you can use an ® symbol after your trademark.
Let us discuss each of these ways below.
Apply for trademark registration.
First, your trademark registration. You can apply for trademark registration online.
If you are unable to apply online, you can follow these steps: You can also file your application through the mail or hand-deliver it to the USPTO.
You have to include an application form, fee, an identification of the mark, a drawing of the mark, and a statement of use or excusable non-use if your trademark is not yet being used in commerce.
Use a TM or SM symbol next to your trademark.
Second, you can use TM and SM symbols next to your trademark. TM and SM stand for trademark and service mark respectively.
These symbols can help to prevent possible trademark infringement. However, it is important to note that the symbols do not offer any additional protection and it is still possible that others will infringe on your trademark.
Use an ® symbol after your trademark.
Third, you can use an ® symbol after your trademark if your trademark is registered with the USPTO or if it has been used in commerce.
The ® symbol indicates that the trademark is already in use or that it is registered with the USPTO. The ® symbol also helps prevent possible infringement because it lets others know that the mark is already protected.
Conclusion: Protecting Against Trademark Infringement
It is important to protect yourself against possible trademark infringement by registering your trademark with the USPTO. However, you can also take other measures to protect yourself against trademark infringement. These measures include using TM and SM symbols next to your trademark and using the ® symbol after your trademark.
