Once your trademark has been registered, you are granted exclusive and nationwide use of the trademark in connection with the associated goods or services.  In addition, you can request that U.S. Customs prevent the importation of goods that infringe on your trademark rights.  However, in the event an individual or business infringes your trademark, we recommend that you consult an attorney concerning the best course of action.

Trademark Infringement.  Trademark infringement occurs when another's use of a trademark is likely to cause consumer confusion about the source of the goods or services.  The use of a "confusingly similar mark" with similar goods or services should be addressed quickly, as it may cause consumers to buy the goods or services of another business, when they actually meant to buy from you, the trademark owner.

Fair Use.  Fair use is a legal concept that refers to certain circumstances when a third party may use a trademark without permission and without infringing the rights of the trademark owner.  For example, it is generally permissible to use someone else's trademark to refer to that party's goods or services provided no income is solicited or earned (no goods or services are being offered).  It is also permissible to refer to a competitor's trademark for the purpose of comparative advertising.  Furthermore, it is generally permissible to use someone else's trademark to refer to your own goods or services, provided your goods or services don't compete with those of the trademark owner.  However, such use may not be permitted if the trademark is a famous one (e.g., Microsoft).

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