What if the trademark search produces an exact match or near-exact match and I use the mark anyway?
Your potential liability for using someone else’s trademark is enormous. If the owner discovers your use and decides to sue you for damages, you could be ordered to pay: • Actual economic damages suffered by the owner as a result of the infringement or the amount of your profits earned while using the mark. Punitive damages in the amount of three times the amount of damages or profits awarded the owner. Attorneys’ fees and costs incurred by the owner in bring the infringement lawsuit. This amount alone can be substantial and is often in excess of $100,000. • The court can also order you to stop using the mark, consequently you will have the added expense of developing a new mark and rebuilding the goodwill around the new mark. • This is why it is so important to hire a qualified attorney as part of your team. We work hard not only to register your trademark but to insure the strength of your mark and at the same time limit your liability in the possibility of infringing on another owne
