Can I pick somebody else’s registered trademark for use?

If you pick somebody else’s trademark and use it to market and sell your products or services, it may be considered trademark infringement.

Trademark infringement is a strict liability offense. What this means is that whether you intended to infringe or not is irrelevant.

For example, if you didn’t know that there was a registered trademark and used it to market your products, hence, you infringed on a registered trademark and you are liable. Also, if you believe your use of somebody else’s trademark is fair use, but it isn’t, you’re liable.

Lesson to learn: always do a proper trademark search before selecting a trademark for use and registration!

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By |2017-12-29T22:58:42+00:00October 20th, 2017|Comments Off on Can I pick somebody else’s registered trademark for use?

About the Author:

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Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

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