How to avoid trademark infringement
You can avoid trademark infringement by ensuring that your trademark is registered. Without a trademark registration, you can never be sure whether you are allowed to use a trademark and you will not inadvertently commit trademark infringement.
When does trademark infringement occur?
Trademark infringement occurs when someone uses a trademark that is identical or confusingly similar to a trademark that is already registered or being used by someone else, without permission.
Before you have a registered trademark, you need to take a number of steps. So not only filing the trademark, but also investigating whether there are parties with older rights. These can be identical, but also similar brands. In addition, in the EU and US, for example, it is also possible for parties with trade name rights, but without a registered trademark, to take action against a trademark application. Before you start using and registering a trademark, it is therefore necessary to know how to get around trademark infringements.
How to avoid trademark infringement
Here are a few ways to avoid trademark infringement:
- Conduct a trademark search: Before using a trademark, it is important to make sure that it is not already being used by someone else. This can be done through a trademark search, which will allow you to see if there are any existing trademarks that are similar to the one you are considering using.
- Use a different trademark: If you find that the trademark you are considering is already in use, you should choose a different trademark to use instead. This will help to avoid any potential confusion with the existing trademark.
- Obtain permission: If you still want to use a trademark that is already in use, you may be able to obtain permission from the owner of the trademark to use it. This usually requires negotiating a licensing agreement.
- Use a disclaimer: If you are using a trademark that is similar to one that is already in use, you may be able to avoid trademark infringement by using a disclaimer that clearly states that your trademark is not affiliated with the other trademark.
