How Can You Defend Against Accusations of Trademark Infringement?

Trademarks are a type of intellectual property that is usually protected fiercely because of its importance to a brand. If you have been accused of infringing on another party’s trademark, it’s vital to consult an intellectual property attorney in San Marcos, TX, swiftly. Allegations of trademark infringement may lead to a claim for compensation, so it’s critical to properly defend yourself against accusations without delay.

How Can You Defend Against Accusations of Trademark Infringement in San Marcos, TX?

Understanding the Allegations

A trademark can be made up of a color, phrase, shape, word, logo, or symbol, and it is used to uniquely identify a company or a brand. Infringement occurs when another company uses a similar mark that could potentially cause confusion in customers. If you have been accused of trademark infringement, it’s important to understand the basis of the allegations so you can mount an appropriate defense.

Potential Defenses

There are many potential defenses against trademark infringement that can be used successfully. Not everyone who tries to assert trademark infringement has a valid case. Your lawyer can help you construct an appropriate defense, which may include:

Fair Use 

If you use a trademark as part of a genuine effort to describe your own brand, you may be able to claim fair use. For example, using a word according to its dictionary meaning rather than referencing a trademarked brand of the same name could be considered fair use. To use this defense, your reliance on the trademark must generally be descriptive rather than a method of identification.

Lack of Customer Confusion

If you can prove that customers would not be confused by the similar trademarks, you may have a strong defense. This could include having a vastly different product range, different markets, or separate geographic areas. If the case goes to court, all factors will be taken into account to determine whether a customer is likely to find it difficult to differentiate between the brands.

Prior Use

Being able to defend a trademark relies on using the mark first. If you can show that you were using the trademark before it was registered by the other party, they cannot prevent you from using it. You may even be able to make a claim for infringement against them to ensure your exclusive use.

Weak Trademark Enforcement

The law allows trademarks to be protected on the basis that they act as a unique identifier. If you can demonstrate that the other party has failed to protect their trademark, you may be able to successfully claim abandonment. Once a trademark is used by multiple parties without being defended, it is no longer acting as a unique identifier.

Hire an Intellectual Property Attorney

There can be serious consequences for breaching another party’s intellectual property, including hefty financial penalties. It is therefore critical to robustly defend your case as soon as the accusations are made, with the help of an experienced legal professional. A lawyer will be able to present your strongest defense and can negotiate with the other party to reach a fair outcome.

Our extensive experience in business law means we understand the importance of intellectual property. If you have been accused of trademark infringement, contact us today at Artie Pennington Law Offices in Austin, TX. We also have an office in Kyle, TX for your convenience. 

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