Q: Can statutory damages for TM infringement and counterfeiting be retroactive to the application date?
I applied for TM registration in Jan 2022. The mark was registered in Feb 2023. After I applied but prior to registration my TM was infringed and counterfeited. I am wondering if statutory damages are available retroactively to the date of my TM application or only available for infringement after the official registration date.
A: In the United States, the availability of statutory damages for trademark infringement and counterfeiting can depend on factors such as the date of the trademark application and registration. Statutory damages are meant to compensate trademark owners for infringement.
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