Whether a word, symbol, slogan, or other item, a trademark distinguishes goods or services. Giving the owner of the goods or services exclusive rights, a trademark is not to be infringed upon once it is granted. However, cases such as these are quite common. If left unchecked, a trademark infringement can potentially ruin the reputation of a company, as well as steal millions of dollars away from the rightful owner of the trademark. When these cases go to trial, many complexities will be involved. If you are experiencing such issues, consult with a Dallas patent attorney at Badmus & Associates.
Test of Consumer Confusion
When cases such as these make it to a courtroom, one of the most important aspects of determining the validity of the case will be the test of consumer confusion. In these instances, attorneys must prove to the court that a consumer can be confident that when purchasing certain goods or services, they will get delivered to them the goods or services they expect.
Rights and Remedies
When a trademark is issued, the owner may own the rights to the trademark for anywhere from 50-100 years or even indefinitely, especially if the trademark is used properly and protected by the owner. Though other parties may be allowed to develop similar designs or slogans, they are not allowed to do so if the court believes it would create unnecessary public confusion. As for remedies, the court may rule the competing slogan or other item be removed from use, and in some cases the owner of the original trademark may be granted financial compensation.
Since there can be licensing rights and potentially millions of dollars at stake in these cases, always be very proactive when selecting the best attorney for your needs. To do so, schedule a consultation today with a Dallas patent attorney at Badmus & Associates.