Whether or not you know your trademark rights, your mark is protected against those who would use it without your permission if they cause, or are likely to cause confusion, regardless of whether your mark is federally registered or not.
Trademark Rights
Federal trademark law Section 1125 of the Lanham Act, provides valid trademark owners with a civil action against anyone who:
- Uses any word, term, name, symbol or device or any combination thereof, or any false designation of origin or false or misleading representation of fact;
- In connection with the commercial advertising and promotion of goods or services;
- In interstate commerce;
- In such a way that is likely to cause confusion, mistake or to deceive or which misrepresents the nature, characteristics, qualities, or geographic origin of goods or services.
In order to pursue damages under Section 1114, including monetary damages, federal trademark law requires that the infringed mark be federally registered. Section 1125 of the Lanham Act generally provides a broader equitable relief against unfair business practices, including injunctions, without a registration. Generally, a federal registration is generally required if you intend to seek monetary relief under trademark law.
Questions about trademark protection? Contact us today.