Now, imagine a month later that a new store opened up across the street from the first business with a very similar looking logo. What do you notice? Does it seem fair to let the second business keep their logo? How do you think the owners of the first business felt when they saw their competition's logo? How would you feel if this happened to you?
This situation is considered a trademark infringement because the first business registered their trademark. In this situation, they could sue if the second business refused to change their logo. There are many reasons why one should always register their trademark.
Why get one?
With a registered trademark, only you have the rights to use the name/symbol. Nobody else is allowed to legally use it without permission.
Some state laws provide additional protection to infringement actions if the trademark violated is registered.
It is considered trademark infringement if you use a trademark which is already registered by another company. Always check to see if your name/symbol is already registered.
If your name/symbol is already registered, you must change it. Changing it requires you to reprint all of your signs, advertising pieces, business cards, etc. That's a lot of money and a lot of waste.
If sued for trademark infringement for not previously checking to see if the trademark is already registered, you can lose all your profits and be forced to pay for an attorney along with any damages or additional fees.
What is it?
Starbucks vs. Legend of Mir
Coca-Cola over the years
The first official logo for the drink.
Lasting only one year, the logo changed to a swirly font. It changed back to the original in 1891.
The words "Trademark Registered" were removed from the tail of the capital C in Coca.
Red was added to the logo.
The white wave was added for the first time.
During the "Coca-Cola... Real" campaign, the white wave was accompanied by a line of yellow and bubbles.