Descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in acquiring the registration, and application of the First Amendment are the most common defences in trademark infringement, unfair competition, and trademark dilution cases.
In simple terms, trademark infringement occurs when a mark is used that is identical or deceptively similar to a registered trademark without permission. When an average consumer looks at the mark, it is likely to confuse him or her as to the origin of the goods or services.
Clothing producers attaching brand labels to generic items in an attempt to make them "pass off" as original is a common example of trademark infringement. Infringements against trademarks are quite serious, and they frequently entail misleading trade activities.
From the start, choose a strong mark.
Conduct a thorough trademark search.
File a trademark application with the USPTO.
Keep an eye on your mark.
Think of registering on a global scale.
Keep Your Trademark Active.
A trademark owner only needs to defend his or her mark by policing it and using it to distinguish items and services in the marketplace. The goods or services do not have to be sold, but they must be made available to the general public under the trademark.
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