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If someone is using a confusingly similar trademark, they may also be committing trademark infringement. Infringement can be serious. Not only can an unauthorized user be sued by the trademark owner, but certain unauthorized activities can lead to fines and prison penalties. Abandoned or expunged trademarks and infringement. The trademark owner ...
- What Is A Trademark?
- The Fair Use Defense
- Different Kinds of Nominative Fair Use
- Consult A Trademark Attorney
A trademarkis a distinctive word, phrase, design, or combination of these features that's used to identify and distinguish products or services in the marketplace. A trademark indicates the source of the particular goods or services. When you register a trademarkwith the United States Patent and Trademark Office(USPTO), you (as the trademark owner)...
If someone's use of a trademark is considered "fair," then there might not be any kind of dispute over it. If there's a dispute, then the user can hold up the defense of fair use. Federal law—specifically the Lanham Act—and the courts have defined what's considered fair use. They allow for two main types of fair use: descriptive fair use and nomina...
The Lanham Act and the courts have recognized a number of situations where nominative fair use can apply to claims of trademark infringement and trademark dilution.
If you're considering using another person's trademark without their permission and are unsure if your use qualifies as fair use, you should reach out to a trademark attorney. They can help you determine whether your specific use is lawful and provide guidance on what qualifies as fair use. If you've received a cease-and-desist letter from a tradem...
Dec 16, 2020 · Trademarks enable the public to recognize goods or services as originating from a particular source. A trademark owner can stop others from using its trademark to prevent confusion about the source of the goods or services. In some circumstances however, someone may use another party’s trademark if the use is considered a “fair use.”
First, the entity claiming passing off must have the benefit of goodwill as passing off protects goodwill. In the event of a dispute, the claiming entity must furnish proof (e.g., in the form of surveys) of an association between their trademark and the products or services to which the trademark attaches. In other words, it must establish a ...
In this article, infringement actions are discussed. An action in trademark infringement can be brought pursuant to sections 19 and 20 of the Trade-marks Act. A section 19 infringement action allows a registered owner of a trademark to prevent the unauthorized use of an identical trademark with respect to identical goods and services.
Nov 11, 2022 · A trademark owner who does not maintain use of its trademark risks losing the ability to stop others from using it. This principle is reflected in Section 45 of the Canadian Trademarks Act. Section 45 permits any person to ask the Registrar of Trademarks to require the owner of a registered trademark to file evidence that it has used the ...
People also ask
Can a trademark owner stop someone from using it?
Can a trademark owner Sue for “passing off”?
Can you use a trademark without permission?
What if a trademark is passed off?
Can I use someone else's trademark?
What happens if a trademark is unauthorized?
Region: Ontario Answer # 313. Trademark infringement occurs when someone uses a trademark without the permission of the owner. The Office of the Registrar of Trademarks, run by the Canadian Intellectual Property Office, will not prevent other people from infringing on your trademark. It is up to the owner of the trademark to ensure that no one ...
