Trademark Protection in USA


Trademark Protection in USA

How to protect a trademark in USA (United States)?

protect a trademark in USA

Remedies available for trademark protection in USA are:

Civil Action– The competent Federal Courts can be moved for grant of relief of injunction and monetary reliefs against infringement and/or passing off. On instances where willful infringement has occurred, the owner may be able to obtain the profits made by the infringer in use of the mark.

Administrative Remedies– Notice of opposition can be filed against trademark applications published in the Official Gazette in United States. Proceedings can be initiated for rectification/cancellation of registered trademarks before the USPTO.

Border Measures– Under the United States law, Customs and Border Protection (CBP) provides for an authority that inspects any custom goods that enters the country.

CBP officers seize and/ or detain goods that are suspected of using a counterfeit trademark under the definition provided under the Lanham Act. A notice to the trademark owner is given inviting him for inspecting the seized goods.

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