How to Prevent Others from Infringing Your Trademark?

Trademark Infringement can lead any business into trouble and thus a thorough knowledge of how to prevent the same can help many young entrepreneurs, start-ups or even a well-established company. Learn the stepwise process to prevent your trademark from infringement.

Trademark Infringement is the most common problem often faced by the entrepreneurs. It creates confusion among the customers about the products or services which are already there in the market.

Thus, it is necessary to keep your trademark well protected and know the preventive measures in case of infringement. In case, someone is using or have copied an already registered trademark then the owner can even take legal action on him/her.

What is Trademark Infringement?

Whenever any third person makes unauthorized use of the trademark, it is known as trademark infringement. Trademark Infringement can be done only in case of registered trademarks.

In such a situation the owner of the trademark can file a lawsuit to stop him/her from doing so. It is essential to protect the image of your brand in the market as infringement can degrade it if not taken seriously.

 

More on: Passing Off and Infringement: Tort and Trademark Law in India

Steps to Prevent Trademark Infringement

There are a few points one should keep in mind to avoid any case of trademark violation and safeguard the brand value of the business. These points will also help all the inexperienced in the market who does not know the inside out of this business world. Here are a few of them -

1. Monitor your Trademark 

Trademark Search is the initial step that comes before the application procedure. This helps to analyze the uniqueness of the proposed trademark and know the potential names or logos that are already applied, opposed, objected or expired. Searching in the trademark database avoids confusion and makes your trademark more relatable to the products or services you wish to market. 

  • Comprehensive Trademark Search 

Quick Company's Trademark Search Tool works on a smart alogrithm which provides exact matches for your trademark (if any)  so that you can take necessary actions in case of similar results. An automated report is generated once you search for a particular mark. You can also know if any similar mark is filed for registration by any party. 

2. Research for the Products or Services

Trademark is a mirror to the products or services you wish to market and therefore, it is necessary to compare them with similar items in the market. This will help you find out any similarities between the two and know where you can take the lead.

3. Analyse the Strength of your Trademark

The trademark not only restricts itself to a specific logo or name. The uniqueness of a trademark also depends on what kind of a name or logo you choose to register as a trademark. Here are a few suggestions which can make your trademark strong and prevent it from any infringement.

  • Coined Marks – These marks do not have a defined meaning and are usually brand names. For example –KODAK is a brand name for camera, films.

 

  • Arbitrary Marks – The meaning of these marks are unrelated to the product or service that they are named. For example –APPLE is a brand name for computers.  

 

  • Suggestive Marks – These marks hint at the kind of product or service but do not describe it completely. For example –AIRBUS is a brand name for Aeroplanes.  

 

Read More: How to determine trademark Infringement

What to do in case of Trademark Infringement?

According to The Trademark Act 1999, if the owner of the registered trademark finds out that the trademark is used by someone else or it is similar to the one already registered, then the person can file a lawsuit under section 135 for both civil or criminal remedies.

The process has a lot of details, and it is always advised to consult a professional attorney in case of trademark infringement to avoid any hassle in the proceedings.

 

Must Read: How to protect your trademark in India from Infringement

Conclusion

Getting a trademark registered is not the only thing an entrepreneur needs to do. He/she has to be careful about the brand protection and keep a check on the possible threats.

 

Click Here for Trademark Registration

 



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