What happens if you use a trademark without permission?
Trademark infringement is prosecuted under civil laws, and is not a criminal act. Instead, lawsuits over trademark infringement will usually require you to stop using the trademark, and you may have to return any profits made off of the infringing use, or pay money damages for the use of the trademark.
Can I use a trademark logo without permission?
When you use a registered trademark without permission, you are violating the trademark owners legal rights. This means the trademark owner has the ability to pursue legal action against you to stop you from this use when it causes a likelihood of confusion for actual or potential consumers.
Can I copy a trademark for personal use?
You need permission to use a logo unless it is for editorial or information purposes, such as when a logo is used in a written article or being used as part of a comparative product statement. Other than these two instances, you should never assume you can use a trademarked logo.
Can someone use my trademark?
What will happen if someone sues me for trademark infringement. A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances.
Can you mimic a trademark?
If your mark is likely to dilute the famous marks distinctiveness by blurring or tarnishment, you may be prevented from registering, or even using, your similar mark regardless of the purpose of your mark, the goods or services for which it is to be used, or a lack of likely confusion.
Can trademark be used for fair use?
The fair use doctrine, consistent with the First Amendment, allows a person to use anothers trademark either in its non-trademark, descriptive sense to describe the users own products (classic, or descriptive, fair use) or in its trademark sense to refer to the trademark owner or its product (nominative fair use).
Can you copy something that is trademarked?
Exceptions to Trademark Infringement and Dilution When you use someones mark without their permission in a way that infringes on or dilutes their mark, then your use is usually unlawful. The trademark owner can normally sue you to stop you from using their mark, and they can collect money damages.
What is fair use of trademark logos?
Fair use is a term in trademark law that means using a mark in such a way that it will not infringe upon the owners rights. A common defense in trademark infringement litigation, fair use provides that a party may use a protected mark not as an actual trademark, but rather, for its descriptive meaning.
What happens if someone copies my trademark?
What will happen if someone sues me for trademark infringement. A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances.
What is fair use of brand names?
What about fair use? Generally, trademark fair use occurs when an accused infringer can show (1) it did not use the mark as a trademark; (2) the use is descriptive of its goods or services; and (3) it used the mark fairly and in good faith.
