How To Defend Your Trademark?

An idea is the most important and unique trait of a business. It can literally make or break a business. An innovative idea, name, concept is an intellectual property which holds immense value and it is extremely important to protect it. One of the ways of doing it is to register your trademark. But what happens in case of trademark infringement? How to defend a trademark? Read on to know more as we decode answers to these questions.

What is trademark infringement?

Trademark infringement is nothing but using a trademark without the authority or the permission of the owner of the trademark. This means that any person other than the registered proprietor of the trademark when uses a deceptively similar mark for similar goods and services, they have committed trademark infringement. The infringement can be filed as a complaint in the court. The court while ordering the infringer to stop the further use, can also order for compensation and jail time.

Passing off trademark

When someone uses the trademark without the owner’s consent to sell similar goods and services, it is called passing off the trademark. Here the infringer illegally uses the trademark and also misguides the buyers in thinking that the goods and services belong to the original trademark. It is illegal as the infringer benefits from the original brand’s reputation and at the same time misappropriates that brands reputation. This results into losses to the trademark holder in terms of money and reputation both. It is illegal at all levels as it also creates unfair competition.

Trademark infringement case

In case of trademark infringement, following is the list of people who can sue claiming damages and legal action:-

1. Proprietor of the trademark.
2. Legal heirs or any legal successors of the proprietor of the trademark can also sue the infringer or person responsible for passing off the trademark.
3. Any of the proprietors in case the proprietorship is a joint venture.
4. If the infringement occurs in India with respect to the foreign proprietor, they are eligible for taking legal action.
5. Any registered user after sending a notice to the infringer who in turn does nothing to stop the infringement.

Things you can do to avoid infringement of trademark

1. Design your trademark with originality

It is significant to keep your trademark as distinctive as possible to ensure that you can run a search on your trademark for similarities to existing registered trademarks.

2. Register your trademark with the Patent and Trademark Office

The importance of registration of the trademark cannot be emphasized more. Registration of trademark helps you to defend your trademark against infringements. Therefore, it is crucial to keep your registration up to date by renewing whenever the registration expires. Help of an intellectual property rights lawyer could be sought to assist you through the registration process.

3. Display the trademark registered sign

A small ‘R’ in a circle of the trademark registered with the Patent and Trademark Office, next to your trademarked item must be used as often as possible.

4. Watch for infringement of your trademark

Checking for your trademark infringement, especially one that can lead people to confuse your trademarked brand for that of another company is really crucial. Even a minute similarity should be taken seriously, as allowing any use may jeopardize your ability to fight larger infringement claims.

How to defend a Trademark

One can take the following steps to defend their trademark. It is also advisable to take help of a trademark lawyer to assist you better:-

1. A reply to the legal notice regarding infringement must be furnished.
2. A reply must be furnished in civil or criminal court to the infringement case filed by the trademark owner.
3. Discuss, decide a strategy with facts to defend the case in court.

Filing a counter case against the trademark owner if your trademark was registered before the owner claims will help in the court of law.

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