WHAT IS THE TRADEMARK LITIGATION PROCESS? TRADEMARK REGISTRATION PROCESS 🥇TRADEMARK LAWYER #shots

IN THIS VIDEO WE DISCUSS, WHAT IS THE TRADEMARK LITIGATION PROCESS? TRADEMARK REGISTRATION PROCESS 🥇TRADEMARK LAWYER #shots
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TRADEMARK LITIGATION PROCESS

In trademark litigation, a frequent issue is whether or not a likelihood of confusion exists between two trademarks. Many factors are considered in this determinationÇ but the two primary factors are the similarity of the trademarks and the similarity of the goods or services. If a typical consumer is confused between the two usesÇ then a likelihood of confusion exists. It is the Plaintiffís burden to prove that a likelihood of confusion exists. Generally, the Plaintiff must also prove ownership and prior use. For these issues, a trademark registration can create presumptive rights. If the Plaintiff is successful in proving prior use and a likelihood of confusionÇ the Court may issue an injunction against the Defendant. Other damages potentially available in trademark litigation matters apart from an injunction include costs of litigation, damages, Plaintiff's loss of profits, the Defendant infringes profits, treble damages, and Attorneyís fees.
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