Trademark Infringement
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Trademark Infringement

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Trademark infringement is a violation of exclusive rights without the authorization of the trademark owner or any licensee.

Trademark infringement mostly occurs when a person uses a trademark which may be either a symbol or a design, with resembles or is confusingly similar to the products owned by the other party. The trademark owner may commence a legal proceeding against the party that had infringed the product or the symbol. The trademark that has not been registered cannot be infringed as the owner cannot bring the infringement proceedings.

Trademark infringement can also occur if the respective marks, products or services are dissimilar. A cause of action for use of a mark for such dissimilar services is called trademark dilution. In some jurisdiction the licensee can pursue the infringement case against the infringer if the owner fails to do so.

The infringer can also defeat the infringement proceedings with a valid exception to infringement and cancel the underlying registration on which the proceedings are based on the trademark infringement.

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