Counterfeit Products

A counterfeit is a form of infringement where someone using a spurious mark that is either identical or indistinguishable from a registered trademark. There are criminal penalties, which can include hefty fines and even imprisonment, and civil remedies for counterfeiting. Counterfeit goods and even facilities and equipment used to counterfeit may be subject to seizure. For a mark to be found counterfeit it would have to be have been used on the same goods or services as the registered mark. Something may be found to be a counterfeit even if the infringing party did not know the mark was registered. Other factors include the point of view of the average person and whether or not the intention was to deceive purchasers. It is also very important to note that counterfeit may even be found with the original mark if it is found to be used in a way that deceives the public. Take steps to ensure that not only you, but those you have allowed to use your trademark are using it properly.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.