Infringement Assessment by Trademark Lawyers
Trademark lawyers are not only helpful when it comes to trademark applications and registrations, but also when it comes to advice regarding trademark infringements. An infringement is often difficult to determine and the first reaction of the trademark holder may be to assume that infringement has indeed taken place.
In this regard, we recommend that you first speak to one of our trademark lawyers who will be able to assess whether infringement has taken place, to what extent, and whether damages can be requested in addition to explaining the various courses that can be taken to take action.
The trademark lawyers for instance, will determine whether confusion has occurred because of for instance, a similar mark used.
If a party has used a similar mark to promote goods or services, and the mark has not been registered or has been registered after your trademark, then you will have cause for taking legal action. It should be noted that the mark should not necessary be identical, only close enough to cause confusion.
It may however, be difficult task to proof that confusion has occurred when considering the logistics such as the mass consumer base.
Fortunately the court will look at specific criteria to determine the strength of your case and our trademark lawyers will use the same criteria when evaluating the case.
The criteria for instance, includes the similarity between the two marks, the application dates, countries where the marks have been registered and the dates of applications, the location of the goods, strength of the marks, marketing means used, the types of services or products for which the marks have been used, how the consumer would see the marks, the intent, the possibility of product line expansion, proof of confusion, and loss of income or clients because of such.
Contact our trademark lawyers if you suspect trademark infringement and want to determine a course of action to be taken.