Even in the business world, the US stands by a person being innocent until proven guilty. That means if you believe an individual or company is infringing on your trademarks, the burden of proof is on you. What are the 3 elements of proving trademark infringement?
- You have to prove that you own the trademark. Having registered the trademark properly and having the documentation to back that fact up is key.
- Your trademark has to have priority. In other words, you have to be able to show that you had the trademark first. If it turns out the other company trademarked their design first, you could be putting yourself in jeopardy by bringing a claim against them.
- You have to be able to prove that the defendant’s mark is going to confuse consumers. In other words, even if the mark is similar to yours, if you offer completely different services on opposite ends of the country you are unlikely to win. After all, someone who sees a mark while shopping for a home security company in California is unlikely to confuse your brand for a company that uses a similar mark to sell bicycle locks in New York.
Help in Protecting and Defending Your Trademarks
If you are looking for a California attorney to protect your small business in the San Diego area, you’ve come to the right place. Pokala Law can help you to register your trademarks properly and help you to know if you have a valid case of trademark infringement to pursue. To learn more, call us today at 1-844-695-1487.