What are The Common Types of Trademark Infringement?

There are different types of trademark infringement and the applicant must always be aware of the grounds on which his trademark can be found similar to an already registered one.

Restoring your brand is the first choice of every entrepreneur, and they often do not want to miss any opportunity to let any other person steals their idea. Trademark infringement is the most common business problem, and it demands significant attention from its owners so that no third party can copy or use their brand name in the market.

Infringement often causes deception amongst the customers about the original products or services and this confusion can affect the reputation of an already existing company in the market. While doing trademark registration, make sure that all the legal formalities are executed appropriately. Always search your trademark before applying for it.

What is Trademark Infringement?

The illegal or unauthorized use of an already registered trademark is called trademark infringement. In such a situation the already registered brand name or logo is similar to the applied one.

Infringement violates the rights entitled to a registered trademark, and the owner of the trademark can also file a lawsuit in this case and drag the person into court.

Types of Trademark Infringement

There are different grounds on which a trademark can be infringed. These reasons can create confusion for the customers and harm the goodwill of the brand.

  • The infringer replaces the brand with similar products or services. In such a situation the person wants to make it complicated for the customers to differentiate between the two brands.
  • At times people may also claim a fake trademark registration or claim a trademark after non-renewal.
  • Using ® with unregistered trademarks.
  • Selling the products or services under the unauthorized name, logo or symbol.
  • Application of a false trademark on the production or packaging of any particular product.
  • Making alterations in the original mark and later using it without registration.

 

More on: Passing Off and Infringement of Trademark in India

What to do?

If you come across any of these factors against your registered trademark then possibly it has been infringed by someone. According to Section 27 of the Trademark Act 1999, a person can file a lawsuit to prevent his/her brand name. These lawsuits mostly involve cases where confusion, deceptive marks or dilution of marks are created.

If your trademark is infringed, then it is always better to consult a professional attorney. A stop and abstain letter can be sent initially to inform the infringer.  If the person is not ready to withdraw, you can even take him/her to court and demand for compensation for the loss incurred.

Let’s conclude

Trademark Infringement can be a pain for any business as it degrades the brand name and misleads the customers. While filing for trademark registration, it is always better to do a trademark search so that there are least possibilities of your trademark to be similar to any other business. 

 


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