Final cancellation orders terminate all rights conferred by registration and must be published in the IPO Gazette.
What happens once an order for the cancellation of a mark registration becomes final? Read More »
Unauthorized use of a mark in commerce that causes confusion or deception constitutes actionable trademark infringement.
Trademark infringement is established when prohibited acts are committed, regardless of whether an actual sale occurred.
Is an actual sale of goods required to establish trademark infringement? Read More »
Damages for infringement are measured by the owner’s lost profits, the infringer’s actual profits, or gross sales percentages.
How are damages measured in a trademark infringement case? Read More »
Damages may be doubled if the infringer acted with an actual intent to mislead the public or defraud.
Under what conditions can a court double the damages awarded for infringement? Read More »
Courts can order the destruction or disposal of infringing goods and all materials used to create them.
What power does a court have over infringing goods and materials? Read More »
Removing a trademark from counterfeit goods is usually insufficient to allow those goods to re-enter commercial channels.
Is removing the trademark enough to permit the release of counterfeit goods? Read More »
Recovery of damages requires the infringer to have knowledge of the registration, which is presumed by proper notice.
When is a trademark owner entitled to recover profits or damages? Read More »
Registered marks cannot stop prior good faith users, though their rights are tied to their specific enterprise.
What protection is afforded to good faith prior users of a mark? Read More »
Remedies against innocent printers are limited only to an injunction against the future printing of infringing materials.
What are the legal remedies against an innocent printer of infringing materials? Read More »
