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4 ways your trademark can be infringed

On Behalf of | Jul 15, 2024 | INTELLECTUAL PROPERTY LAW - Intellectual Property

Your trademark is what defines your brand from others in the market. As such, it should be unique and protected to prevent unauthorized use that could undermine your brand identity.

However, trademarks still get infringed and some of the ways your trademark could be targeted include the following:

1. Trademark dilution

This is where another party uses your trademark in a way that diminishes its distinctive quality or tarnishes its reputation, even if there’s no likelihood of confusion. For example, using your trademark on unrelated products or services could dilute its strength by weakening its association with your specific brand in consumers’ minds.

2. Counterfeiting

Another way your trademark could get targeted is through counterfeiting. This involves the unauthorized reproduction or imitation of your trademark on goods that closely mimic your genuine products. Counterfeiters often sell these goods in ways that dupe consumers into believing they are purchasing authentic items.

3. Trademark Confusion

This happens when a competing brand registers a trademark that is confusingly similar to yours and uses it on goods or services that are related to yours. Consumers may mistakenly associate the infringing trademark with your brand, leading to confusion about the source or quality of the products or services. This type of infringement can dilute the distinctiveness of your trademark and erode consumer trust in your brand.

4. Cybersquatting

This happens when individuals register domain names that are identical or similar to your trademark with the intent to profit from your brand’s reputation. They may use these domains to divert traffic away from your legitimate website or offer to sell the domain back to you at an inflated price. Cybersquatting can harm your online presence and undermine your brand’s credibility if consumers are directed to unauthorized or misleading websites.

If you suspect that your trademark is being infringed, it is important to seek legal guidance to help you understand your options for resolving the issue.