Trademark Infringement: What to Do?
Impersonators cannot rip off or copy a trademark if it has been registered. Other companies are not allowed to use a similar logo or design to yours. As a result, it ensures that the owner has full control over the brand name.
The fact that certain business owners feel they may duplicate a trademarked logo or phrase even after it has been registered as a trademark shows that it is not impossible for them to do. When someone duplicates your trademark, what can you do as the owner? If you discover that someone has been abusing your trademark, there are actions you can take.
What kinds of things can you Trademark?
In India, you can trademark any of the following items or a combination of the following:
- Numerical value
- Letter
- Word
- Catchy phrase
- Logo
- Graphic design
- Smell
- Sound or Jingle
- Color combinations
- Invented term
- Monograms
- The shape of products or packaging
- Three-dimensional sign
The following are the legal criteria for registering a trademark:
- The mark must be visually portrayed.
- It must assist customers in distinguishing the business’s goods from others.
- It must be utilized to establish a relationship between the items and the company that manufactures them.
A trademark performs the following functions:
- identifies goods and services
- ensures quality
- advertises the items or services
- adds to the brand value
- creates a brand image
Steps to Take in the Event of Trademark Infringement
Trademark infringement happens when customers are made to assume that another brand is the same as the brand they own as a result of the careful placement or misapplication of a trademark emblem or phrase. Users are confused and dissatisfied as a result of this double usage. As a result, if you employ a specific mark to distinguish your goods and services, ask clients whether a similar-sounding name or logo by a different company confuses them. If you feel people would not confuse that brand for yours, your case will most likely fail in court.
Geographical Limitations
While they may not apply to large enterprises, small businesses frequently have difficulty establishing infringement concerning their location. If your company has a national presence, you won’t have to bother about region and location. Because of growing internet penetration and the rise of e-commerce, geographic limits are eroding daily, and courts now consider such online proximity to have a sufficient influence on another’s sales.
Indistinguishability
Another issue that arises frequently in trademark law is the difficulty in making names indistinct. Similar-sounding names may appear to constitute infringement, but their resemblance may be subjective, making it difficult to establish in court. While most courts consider sight, sound, and implication when assessing similarities, it is difficult to demonstrate that two names sound or appear alike, and therefore the rules governing the same are confusing at times.
Action:
- If you believe that your competitor is using the other name to confuse clients and works in the same location as you, affecting your sales, you must take action against the imposter.
- The first step would be to contact a lawyer who has some experience in the field of trademark law and then follow their advice.
- Typically, such difficulties are resolved by issuing a warning letter to the company infringing on your brand name, requesting that they abstain from utilizing your trademark logo or phrase.
- If the infringer backs down, honors your word, and stops using your brand name, the issue is over, and you may return to running your business.
- If the impostor disregards your warning and continues to do so, you will have to bring it to the attention of the court and pursue legal action as necessary.
- File a claim in a neighboring court outlining the infringement and the consequences it is having on your business, and if the violation is occurring in many locations, file a claim in state court.
- File a trademark infringement claim and demand that the accused pay you monetary damages for the harm they have caused your firm.
Trademark registration enables you to proclaim, “This brand name is ours, so stay away!” In today’s ultra-competitive environment, this is incredibly useful while running a business. Having a brand name that people recognize helps to increase sales and develop brand value. This is why you should not take trademark infringement lightly, but rather guarantee that no other business rides on the back of your hard work and dedication.
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