Why You Should Be Extremely Concerned About Infringement

Oct 07

Thinking of starting your own business? You’re not alone, especially in this economy, when many people are finding well-paying jobs fairly scarce. Many people have dreams, especially when it comes to owning their own business and being masters of their own destiny. Without these dreams, many of today’s inventions and things that we use every day wouldn’t even exist. So having the burning desire to start out on your own is not only perfectly natural, it could even lead you to more success than you had ever imagined. But when you’re just getting started, one of the things you need to worry about and be extremely careful about is infringement.

Make Your List, Check It Twice

You may not be completely familiar with the concept of infringement, but that’s okay. Basically, one of the examples of infringement is when you use a trade name that is either identical or extremely similar to one that is already in use and has been registered. Let’s face it, you wouldn’t go out and start a new beverage company called Coca-Cola, now would you? The same applies to any business, whether it produces goods or provides a service. Furthermore, in newer markets such as the cannabis industry, where regulations are evolving, having expert advice from a marijuana trademark attorney ensures that your business name and identity stay within legal boundaries. Plus, in such industries, there’s plenty of room to make your own name and even room for infringement. If you aren’t careful and don’t do your homework ahead of time, you could find that the original owners of the name that you’re using are going to be very upset, so upset that they will probably sue you. And that’s a bad way to start out any business venture.

Where to Look

So if you are thinking of starting a company and have a catchy name in mind, you would be advised to check out whether the name or something extremely similar to it, has already been registered. Furthermore, a trademark attorney from the Law Office of Mohaimina Haque, PLLC, or a similar firm would be able to give you firm lines on what kind of names can work and what cannot. That said, there are three places where you can go, each of them having basically the same records and information at your disposal. One is the High Court, the second is the Patent’s County Court and the third is the Intellectual Property Office. Since almost all this information is now electronic, looking up the name you have chosen to see if it is already being used is not that complicated. Can you imagine what it must’ve been like 30 years ago before computer databases were standard practice? It probably took a whole day, leafing through volumes of books, just to see if the name you had in mind was already being used.

What Happens If You’re Sloppy…

If you don’t take the necessary precautions to ensure that the name you’ve chosen is already being used, you could find that the other company, the one that is already using the name, initiates legal action. What does this consist of? For one, they can begin with an injunction, basically barring you from using the name. But they could also take you to court and sue you. Obviously, you don’t want that, as it is very expensive for all parties. Courts always try to ensure that the parties in conflict try to mediate a solution. If you’re just starting out, your best recourse is to agree to abandon the name you’ve chosen, potentially pay a small amount in damages and walk away.

Making the Leap

If you work for a recruitment agency, you may have come to the point where you have enough experience and contacts to really go out on your own and start your own business. Granted, it can be a little intimidating, with all of the details that are involved in making sure that you start off on the right foot. However, there is help available to show you how to set up a recruitment agency. With this cost effective and practical advice, you can well be on your way!

Image attributed to: Freedigitalphotos.net Vichaya Kiatying-Angsulee