What is a trade mark infringement?

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Unlawful use of a trade mark is an infringement of the exclusive rights of the trade mark owner. Most common trade mark infringements include the following:

  • using a mark identical to a registered trade mark for identical products,
  • using a mark identical or similar to a registered trade mark for identical or similar products when there is a risk of misleading customers, which in particular includes the risk of associating the mark with a registered trade mark,
  • using a mark identical or similar to a renowned trade mark registered for any kinds of goods, if such use may bring the user undue benefit or dilute the distinctive character or harm the reputation of the already registered trade mark.

The trade mark owner has the right to bring a claim for infringement of trade mark protection rights. Legal action that may be taken against such persons are stipulated by law but differ from country to country. Some common requirements include:

  • publishing a statement about the infringement,
  • stopping the infringement,
  • compensation for loss of earnings.

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