Avoiding Trademark Infringement

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Avoiding Trademark Infringement 저자: Mind Map: Avoiding Trademark Infringement

1. Finally, how to avoid committing trademark infringement?

1.1. How to make it happen (action)

1.1.1. Naming System

1.1.1.1. First, you need to know with certainty what you are using as your brand identifier.

1.1.1.2. Next, run a simple Google search

1.1.1.2.1. What did you find? (creating your trail of breadcrumbs)

1.1.1.3. Then, run a domain search

1.1.1.3.1. What did you find? (creating your trail of breadcrumbs)

1.1.1.4. Now you need to run a thorough search in the official database of the United States Patent and Trademark Office.

1.1.1.4.1. What did you find?

1.1.1.4.2. If you need guidance on running searches, BIZLEBOX™ contains this information.

1.1.1.5. Finally, you need to evaluate and decide whether to legally protect the word, symbol, sound, scent, color, etc. that you are going to use as your brand identifier.

2. Second, what are the real consequences?

2.1. Mild - receive a cease and desist letter from the legal entity whose brand you used asking you to immediately stop using that brand in your business efforts.

2.2. Harsh - have a trademark infringement suit filed against you, have to pay damages based on the harm that your use caused the owner of the brand that you used.

2.3. Practical - happen every single time ... You have to rip out every single website, social media site, pdf, video, audio, FB ad, Edgar schedule, etc. that contains the infringed on name - and start over.

3. What you MUST prove in a trademark infringement case.

3.1. Plaintiff's (person suing) mark is a valid, protectable mark.