{"id":6159,"date":"2020-07-24T10:38:00","date_gmt":"2020-07-24T08:38:00","guid":{"rendered":"http:\/\/martinezsanzabogados.com\/?p=6159"},"modified":"2023-09-08T14:04:58","modified_gmt":"2023-09-08T12:04:58","slug":"what-is-a-trade-mark-infringement","status":"publish","type":"post","link":"https:\/\/martinezsanzabogados.com\/en\/what-is-a-trade-mark-infringement\/","title":{"rendered":"What is a trade mark infringement?"},"content":{"rendered":"

Last week we talked about trademark registration. Today, from Mart\u00ednez-Sanz Lawyers<\/a>, We will tell you what a trade mark infringement is and how to deal with it.<\/p>\n

What exactly is a trademark infringement?<\/strong><\/h4>\n

First of all, a trade mark infringement requires that such a \u00abtrade mark\u00bb exists beforehand. That is, it must be a registered and legally recognised trade mark. Thus, a trade mark infringement is committed when the rights of the proprietor as owner of the trade mark are infringed<\/strong>. By registering a trademark, the owner has the exclusive right to use it. That is, no one other than the owner may use the mark unless it has been licensed to him in return for payment. Thus, registering a trade mark gives you legal certainty and strengthens the status of the proprietor in the event of a dispute.\u00a0<\/strong><\/p>\n

The owner of a registered trademark can take civil and criminal action against those who commit any trademark infringement.<\/strong>. If a third party uses your trademark, you are committing trademark infringement. The civil and criminal actions available to the owner include the necessary measures to safeguard it and compensation for damages.<\/p>\n

How is trade mark infringement determined?<\/strong><\/h4>\n

To determine whether there is an infringement of a registered trade mark, it must be observed whether the use of the mark by the infringer causes confusion among consumers.<\/strong>. This will occur when the infringing mark is the same or similar to the registered mark and, in addition, is used to identify goods or services identical or similar to those protected by the registered mark. It is thus clear that not only is literal copying a trade mark infringement, but also that it may also be a criminal offence to copy it slightly, as long as this copying causes confusion among consumers.\u00a0<\/strong><\/p>\n

What are the legal consequences of trademark infringement for the infringer?<\/strong><\/h4>\n

It is the trade mark owner who can bring legal actions that have legal consequences for the infringer. In addition, the licensee may also do so, provided that the owner has allowed him to do so. When bringing an action, the owner must prove the infringement. The legal consequences of trademark infringement for the infringer are as follows:<\/p>\n