Every big or small company has to create its own identity that differentiates the brand from the crowded market. Moreover, it is also important for companies to register that identity to safeguard the brand. The identity can be a name, logo, design, or symbol. Registration of such an identity is known as trademark registration. Furthermore, if there is no registration of the Trademark, then there are huge chances that someone else may copy your mark. If your Trademark is registered and someone else still tries to copy your mark, then you have the right to take legal action. In this blog, we will discuss how to respond to Trademark Infringement.
Meaning of Trademark Infringement
Before we discuss the process to respond to Trademark Infringement, let’s discuss the meaning of Trademark Infringement. Once you have a registered trademark, then no one else can copy it. If anyone copies your Trademark without your permission, then he is said to infringe your Trademark. The person is said to commit the offence of trademark infringement. You must keep a look if someone has infringed your Trademark, and if you find someone guilty of this offence, you can approach the court. Moreover, the person will be liable to pay compensation.
It is important to note that if someone uses the same or identical Trademark, then he will commit trademark infringement. Moreover, protecting a trademark and punishing the infringer is necessary to avoid misuse of the brand identity. Also, using the same Trademark may create confusion in the mind of people regarding the existence of the real brand.
What Can Be Called As Trademark Infringement?
It can be challenging to identify whether your Trademark has been infringed. But, if you feel that your Trademark has been violated, then you can check it by checking the following scenarios:
- Similar Goods Or Services – If you think your Trademark has been infringed, then you must check whether the goods and services offered by the company are identical to yours.
- Check The Value Of Your Mark – Next is that you must check the value or strength of your Trademark. Determine how much impact does your Trademark have on the customers. Sometimes the reason behind copying a trademark is to confuse people by using a valued mark.
- The Similarity Of The Mark – Check whether your mark resembles the copied mark and whether it sounds similar or is similarly visible.
- Marketplace To The Goods Or Services – You need to check whether the infringing goods or services’ selling place or geographical market is similar to yours.
- The Use Of The Infringed Mark – Check whether the infringed mark has any connection to your goods and can confuse the customers regarding your brand’s identity.
What is Trademark Protection?
Your right to use the mark in connection with your products and services is protected by trademark protection. It enables you to establish an image and create certain expectations in the minds of your clients. That connection is established as soon as you start selling goods with the Trademark attached.
By filing a trademark for registration with the trademark office, you can get permission to use the TM symbol with your brand. Furthermore, once you get the Trademark for your brand, you can use the R symbol. Ignorance is no longer an acceptable defence after your Trademark has been registered. Everyone is aware that you have a brand, and you have the right to take legal actions against anyone copying your Trademark. You can protect your Trademark in the following ways:
- Put The Mark To Use
Simply thinking of a mark will not help you. It is important to put that mark to use. In order to use the mark, you must use your mark everywhere, on your website, banners, posters, packing of goods, etc. Only then will people be able to recognize your brand. Therefore, it is not necessary that you can only sell the goods that are trademarked. Instead, you can also sell the goods and services under your brand name using your mark for recognition.
- File A Trademark Registration Application
Once you consider starting a company, you must select a mark for registering a trademark. First, you must initiate a trademark search and see whether your mark is available. After this, you need to file a trademark registration application for which you can take the help of a trademark attorney who can help you with all the legalities. Moreover, you can file the trademark application online or offline.
- Use TM Or R Symbol
Both TM and R symbols are related to trademark registration but can be quite confusing. As the applicant files the trademark application, he is given the right to use the TM symbol. Although using this symbol does not save you from any legalities, it is advised to use the TM symbol as it depicts that your trademark application is being processed.
The R symbol[1] is used when the trademark registration process is complete and the applicant is granted the Trademark. Furthermore, once the Trademark is granted, the owner has the right to use the R symbol with the brand name. It depicts that this brand is already granted the Trademark for its identity, and no one can now copy it.
- Restrict Others From Using The Trademark
It is advised first to give the infringer a “cease and desist” note in order to forbid them from using your brand. The message requires that the infringer shall not use the mark that you think violates your Trademark right away. The next step is to submit a complaint if the infringer disregards your stop and desist message and still makes use of the mark.
- Lawsuits For Trademark Infringement
A trademark infringement case is typically brought by someone with two objectives. The use of the same or a comparable mark that you think infringes on your Trademark in the future should be avoided at all costs. This is all you might need at times, and it is pretty simple.
Second, you might be asking for compensation for financial loss or other injury brought on by the unauthorized use of your brand. Infringers may be required to pay their profits as damages for copyright infringement if a judge determines that they purposefully used your brand without authorization. This is a much more complicated situation, but it might be worthwhile if your company has suffered significant revenue losses due to an infringer.
What is Trademark Monitoring?
Simply registering a trademark does not mean that you can stay worry-free. Whereas you have to keep a check on the other marks so that no other person can copy your registered Trademark. This way, you can monitor any kind of misuse that might occur to your Trademark. Moreover, if you find someone misusing your Trademark, you can restrict them from using the same. Still, if the person continues to use your Trademark, then you can immediately against that person. Now let’s discuss how to respond to Trademark Infringement.
How to Respond to Trademark Infringement?
You can respond to Trademark Infringement by issuing a warning to the individual using the same brand to ask them not to use it if trademark infringement occurs. If someone continues to use your brand, you can immediately notify them that legal action will be taken against them. Once you’ve given notification and the user ceases using your Trademark, the situation is over.
However, notification can be sent to the person using your Trademark alleging the losses your company has suffered as a result of the unlicensed use of your brand or the profits he has made from using your Trademark. You can sue the individual for plagiarism if he rejects your claim.
Under the Act, a lawsuit for trademark violation may be filed in both civil and criminal court. Before the District Court of the relevant jurisdiction, i.e., the location where the registered trademark owner lives or conducts business, the registered trademark owner may initiate a civil lawsuit for trademark infringement. If the other party uses the registered brand in error on his or her products or services, the registered trademark owner may bring a criminal complaint against that party.
Conclusion
Even after getting a trademark registration, keeping a close check is necessary so that no one else copies your mark. In order to protect your Trademark from infringement, you need to take all the required measures.
Also Read:
Everything You Need To Know About Trademark Infringement Warning Letter
