Trademark Attorneys

Trademark attorneys protecting sellers and brands from counterfeits.

Using a trademark as a method of intellectual property protection is useful to a seller/brand to prevent infringement.

In general, a trademark is indicative to a potential buyer that they are receiving quality goods, up to the standards that the company owning the trademark sets. A trademark also serves the purpose of distinguishing the creator’s goods from another’s.

Trademarking can legally protect sellers/brands from others using their trademark to illegally sell similar products, which would give the consumer mistaken advice that they are receiving a product of the quality of the trademark owner.

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Trademark Attorneys

If a seller uses your trademark (or something similar) in a way that confuses the buyer, there may be trademark infringement.

The test for trademark infringement is known as, “likelihood of confusion.” A likelihood of confusion is when consumers viewing the mark would probably assume that the product or service it represents is associated with the source of a different product or service. Section § 1125(a) of the Lanham Act states that merchant sellers shall be liable in a civil action to any person that is likely to be damaged by the seller or reseller’s trademark infringement. To bring an action under the law, actual damages need not be shown. You do not have to show that you actually lost money.  To bring a case for trademark infringement, you must merely show the likelihood of damages.


New York – Shenzhen – Yiwu – Hongzhou – Australia

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