A successful trademark infringement claim requires a showing of:
Establishing a Trademark Infringement Claim
1.
A valid and enforceable trademark.
If a trademark infringement claim is based on a common law mark rather than a federal trademark registration, it must be shown that the mark is legally protectable and that the scope of protection includes the infringing use.
3.
The use of the mark in connection with goods and services that are the same or similar to those associated with the trademark, such as to cause a likelihood of confusion among consumers.
2.
A mark that is confusingly similar to the trademark.
Trademark Dilution
Trademark dilution occurs when a trademark is used in a way that harms the trademark owner's reputation or diminishes the unique association of the trademark with the owner's goods or services. Trademark dilution does not require trademark infringement.
In the United States, there are two types of dilution, namely dilution by blurring and dilution by tarnishment. Blurring occurs when the distinctiveness of a famous mark is impaired due to unauthorized use. Tarnishment occurs when a famous mark's unauthorized use is offensive and harms its reputation.
Suppose the trademark infringement elements can be shown. In that case, the trademark owner may seek remedy in court, including an injunction to prevent further use of the infringing mark, compensation for damages caused by the infringement, and the seizure of any products infringing on the trademark. In some cases, attorney's fees and costs may also be awarded. Treble damages may be available in appropriate situations.
Trademark Infringement Remedies
The USPTO's Trademark Trial and Appeal Board (TTAB) provides a venue to handle certain trademark disputes outside of the courts.
TTAB Proceedings
Appeals
Appeals at the TTAB provide a forum to appeal rejections of a mark by an examining attorney during the prosecution of a trademark application.
Cancellations
Cancellations at the TTAB allow third parties to petition to cancel an existing trademark registration if they believe they have been or will be negatively affected by the registered trademark.
Oppositions
Oppositions at the TTAB provide a forum for third parties who assert that they may be harmed by the registration of a mark that has been allowed by the USPTO and published in the Official Gazette.
How TCP Law Can Help
Employing the services of a trademark attorney at TCP Law can significantly help you protect and enforce your trademark rights. A trademark attorney will help you assess the strength of a trademark infringement claim, whether you are asserting the claim or responding to a claim asserted against your business.
If you have general trademark questions or want to discuss your specific trademark matter, please contact me at john@tcplawfirm.com or at 917-612-1059.
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Trademark Infringement
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and services. This unauthorized use of a trademark can damage your brand's reputation, result in financial losses, and halt business operations.

1.
Strength of the trademark
2.
Similarity of the marks
3.
Proximity of the products and their competitiveness with one another
4.
Evidence that the senior user may “bridge the gap” by developing a product for sale in the market of the alleged infringer’s product
A key element of trademark infringement is a showing of a likelihood of confusion (LOC) between the marks. A LOC occurs when a customer is likely to mistake the source of goods or services offered by different sources using similar marks.
The New York federal courts use the Polaroid factors to determine LOC. These factors are intended as a guide, and not all factors may be particularly helpful in any given case.
Likelihood of Confusion
5.
Evidence of actual consumer confusion
6.
Evidence that the imitative mark was adopted in bad faith
7.
Respective quality of the products
8.
Sophistication of consumers in the relevant marke