Because intellectual property is a complex creation of the human mind, there are a variety of meticulous laws in place dictating how it can be used and for what purposes. When an individual breaks these rules and misuses a piece of intellectual property, like a trademark, they can face criminal penalties in Colorado. The misuse, theft, or unlawful copying of a trademark are all considered forms of trademark infringement. If you want to register a trademark, it can be useful to find out more information about what trademark infringement is and what situations can constitute infringement.

What Is Trademark Infringement?

Infringement is a general term used to describe the act of violating a law, contract, or legally binding agreement. Trademarks are used to protect intellectual property that is used as an identifying characteristic of a company, group, or brand. They often include logos, designs, phrases, symbols, and other creative concepts that help separate a business from its competitors.

Trademark infringement can occur when an individual or business misuses a trademark and violates intellectual property law. Common examples of trademark infringement include the following:

• Taking a company’s logo and putting it on merchandise to mislead customers
• Naming your business or brand the same as a group that already trademarked the name
• Using a company’s trademark to confuse customers
• Stealing a company’s catchphrase or motto
• Taking a trademarked design, like an article of clothing, and claiming it as your own

What Are the Different Elements of Trademark Infringement in Colorado?

For a business or group to successfully prove that trademark infringement occurred, they must be able to demonstrate the following elements in their claim:

1. A Registered, Valid Trademark Is in Place
   The first aspect of any trademark infringement case involves proving the ownership of the trademark and its validity. An individual cannot attempt to file a claim for trademark infringement if they do not own a valid trademark in the first place. All trademarks must be registered with the United States Patent and Trademark Office (USPTO) and follow their terms to remain active. To keep a trademark up to date, owners typically need to submit information regularly to show that it is in use and properly registered. Trademarks must be renewed roughly every ten years.
2. The Trademark Was Used Without Authorization
   When someone owns a trademark, no other business or individual is allowed to use it unless they are given explicit permission to do so. After you have proved that you are the owner of a valid trademark, the next element of your case will involve demonstrating that the defendant used your trademark without adequate permission. This could occur in multiple ways. An example would be a company that tried to pass off a registered trademark as their own and unlawfully took your design or logo.
3. There Is a Potential to Confuse Customers
   If you are trying to hold someone accountable for trademark infringement, it’s essential that you work with a lawyer who can help you prove accountability in your case. One of the most important aspects of any trademark infringement case is being able to demonstrate that there is a likelihood of confusion due to the trademark being misused. This can occur if someone is purposely trying to mislead their customers by using a different company’s logo, but it can also happen when the same or similar designs are used and confuse potential customers. Proving that there is a potential for confusion can help strengthen your claim and heighten your chances for a successful case.

FAQs

Q: What Is Intellectual Property?

A: Unlike other forms of property that are concrete and visible, intellectual property is considered to be abstract and is more similar to a thought or concept. Intellectual property is generally divided into four categories. These legal categories are known as:

• Trademarks
• Copyrights
• Trade secrets
• Patents

A piece of intellectual property could be a secret recipe from a fast food chain, a specific design that represents a brand, or even a phrase that’s related to a business.

Q: How Do You Initiate a Trademark Infringement Claim?

A: After you’ve found a trademark lawyer with the right kind of experience, you can work together to collect evidence and submit a trademark infringement claim to the USPTO. If you file a claim in Colorado, you and your attorney are responsible for proving that the violation took place. Most trademark infringement claims are settled out of court, but they occasionally result in a trial when there are disputes.

Q: How Do You Get a Trademark in Colorado?

A: If you’re looking to create a trademark for your business, you will have to request to register for one through the USPTO. To do this, you must first conduct a comprehensive search to ensure that your potential trademark does not already exist. From there, you can submit an application to the USPTO, which will examine your request and ask for any additional information if needed. When your trademark is approved, it will be published by the USPTO. This gives other companies a chance to see if they will be impacted by the trademark. If no one objects, the trademark will then be registered and become active.

Q: Should You Hire a Lawyer in a Trademark Infringement Case?

A: If you’re the owner of a trademark and believe that someone is misusing it, you have the right to hold them accountable. However, it can be difficult to do so without the guidance of an intellectual property lawyer. For businesses, companies, and groups who need assistance in a trademark infringement case, our experienced attorney can help you gather evidence and build a claim that demonstrates the impact that this violation had on you.

Four Reasons Legal: Your Denver Trademark Law Firm

As a law firm that focuses on intellectual property, we understand how much time, effort, and creativity you put into forming concepts that help your business thrive. At Four Reasons Legal, we serve businesses from around Colorado and assist in protecting their intellectual property. Trademark infringement is a serious violation that should not go unresolved. For representation and support in a Denver trademark infringement case, contact Four Reasons Legal and schedule your initial consultation.