How to Prevent Trademark Infringement ... - Raw Business Law

Patent infringement can be considered as theft of an invention, idea or improvements that have been submitted to the U.S. Patent Office, with a granted timeline of acceptable overlap of one year.

The U.S. Patent Office is responsible to determine to grant or not the application for patent on the basis of information given by the applicant. Using a company or individual registered trademark without authority is a trade mark infringement. A Trademark is a sign or symbol used to differentiate a company or individualfrom another, such as the RCA uses specific dogin a specific position as their Trademark.

Anyorganization which wants to use a dog as their trademark can do so without being guilty of trademark infringement if they use different kind of dog or use that same dog in a different use to those in respect of which the RCA dog is a registered trademark.

Trademark infringement is as serious as patent infringement. Trademarks are the symbol of recognition,on which companies hope that public will acknowledge the quality and buy the product, based on recognition.Trademark infringement is profit infringement, and if infringement of trademark is suspected, it is in a company or anyone?s interest to contact a trademark lawyer. A trademark lawyer can help you out to start an investigation and determine whether a trademark infringement occurred or not.With the help of a trademark lawyer, a company or individual can obtain legal support if they choose to make a legal claim of trademark infringement. A trademark attorney can obviously do the same for a patent infringement.

The difference between a violation of the patent and trademark infringement is the nature of the idea that is copied. Brand infringement refers to the copying or theft of an invention in itself, while a trademark infringement relates to the copying or theft of an icon, a symbol, or even a special set of letters. A trademark lawyer can help a company or an individual with both cases.

The U.S. Patent Office is accountableto maintain and keep records of all patents and trademarks, which is a searchable database of registered patents and trademarks.

To obtain a legal basis for infringement of patent or Infringement of trade marks, the U.S. Patent Office must have a record of the original filing of the patent or trademark. Its has become quite easy to get through the U.S. patent office records, with the development in Internet and search engines

These tools have removed any excuse of ignorance of an infringement or violation of patents, while at the same time enhancing the ability of an inventor in search of trademark infringement and patents infringement. It doesnt need a trade mark lawyer to search the database, as anyone can do it easily consume a little time and energy on internet.Once the original patent or trademark registration is determined, a trademark lawyer then can follow some basic steps to determine the reality of patent infringement or trademark infringement.

This means that the lawyer will probably draft a legal letter to the company stating that the company is in violation of trademark infringement uk laws or patent infringement laws, and they should immediately stop and discontinue the use of current trademark or patent.

The company then has a choice to make if they are corrected immediately after the warning letter, or they may choose to fight the idea that they are guilty of any infringement of a trademark or patent infringement.Or they can go to U.S. Patent office to determine if they are wrong, or if the inventor or company brand is mistaken in his statement. If the investigation of the U.S. Patent Office showsthat they are in violation of trade mark infringement or patent infringement law and they do not immediately cease and desist, the trademark lawyer may recommend filing a complaint.

The trademark lawyer may well recommend the company to sue, regardless of companys further action, in order toseek a settlement offer for any marketing or promotion damage may have occurred while the illegal activities were in violation of law of Infringement in trade mark and patent infringement law.

Trademarks infringement and patent infringement may be difficult to demonstrate in every detail, especially if the infringement was done intentionally or accidentally. Still, intent does play a role in shaping the outcome of a law suit, ignorance doesnt plea the action. One would expect a reduction in the trade mark infringement and patent infringement cases as the United StatesPatent Office documents are now easier than ever to find, but it seems that the cases of the trade mark infringement and patent infringementare rising instead of falling.

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Source: http://rawbusinesslaw.com/2012/02/13/how-to-prevent-trademark-infringement-finance-personalfinance/

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