Understanding trademark infringement often involves knowing certain legal and technical terms. Here’s a list of the most common ones:
1. Trademark
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A distinctive sign, symbol, word, logo, or combination used to identify goods or services of one business and distinguish them from others.
2. Infringement
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Unauthorized use of a trademark that confuses, misleads, or deceives consumers about the origin of goods/services.
3. Passing Off
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A legal action to protect unregistered trademarks or brand reputation, preventing others from misrepresenting their goods/services as yours.
4. Counterfeiting
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Producing and selling exact replicas of branded goods without authorization to deceive consumers.
5. Deceptive Similarity / Confusing Similarity
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When a mark looks, sounds, or feels similar to a registered trademark, likely causing consumer confusion.
6. Dilution
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Weakening the distinctiveness or reputation of a famous mark, even without direct competition.
7. Well-Known Mark
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A trademark recognized widely by the public, which enjoys broader protection under trademark law, even in unrelated classes.
8. Domain Name Infringement / Cybersquatting
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Registering a domain name identical or similar to a trademark in bad faith to mislead internet users.
9. Goodwill
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The reputation and consumer loyalty associated with a trademark, which infringement can harm.
10. Injunction
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A court order stopping an infringer from using the trademark or continuing infringing activities.
11. Damages
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Monetary compensation awarded to the trademark owner for losses due to infringement.
12. Licensing
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Permission given by a trademark owner to another party to legally use the trademark under agreed terms.
13. Assignment
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The transfer of trademark ownership from one party to another, which must be registered.
14. Registrar of Trademarks
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The government official or office responsible for examining, registering, and enforcing trademarks.
15. Opposition
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A formal objection raised against a trademark application, often if it is similar to an existing mark.
Summary
Trademark infringement involves unauthorized use, imitation, or misrepresentation of a trademark. Knowing these terms helps businesses, lawyers, and consumers identify, prevent, and take action against infringement effectively.