What Should You Do If You Face Trademark Infringement?

Trademark infringement is a significant problem in trading and business by individuals and other entities intending to protect their intellectual property. A trademark, which may be a brand or a logo, or any other symbol, is a symbol of your products or services. Trademark infringement refers to the use of a mark by another person or company that is identical to, or deceptively similar to the registered trademark. This can devalue your brand and confuse your customers.

This blog will give you an understanding of what processes to follow, should you encounter instances of trademark infringement, and how vital functions such as Trademark Registration and Brand Name Registration can protect your brand.

What do you understand by Trademark Infringement?

Trademark Infringement is said to be the usage of a trademark or service mark to present goods and services that the trademark owner does not have consent for. These trademarks are similar to some other trademarks which are already registered.  Such acts can lead to the possession of wrong information among consumers on aspects such as the origin of a certain product or a service.

For instance, if your Brand Registration assures your design is unique then the action of another party to use that design is an act of infringement.

Key Indicators of Trademark Infringement:

Similarity in Mark: An entity that has a logo or brand name that is very similar to your registered trademark.

Confusion Among Consumers: Deceptive packaging and labeling that causes the consumer to link it with the infringing brand out there.

Business Competition: The trademark is employed for similar commodities and services without authorization.

Remedies for Trademark Infringement

1. Case of Trademark Infringement Litigation

Where the infringer has not responded well to your cease-and-desist letter, the next step is to institute legal action. Under the Trademark Act, you can seek remedies such as:

Injunctions: As the remedy for an infringement, an order halts the use of the infringing mark.

Destruction of Goods: The elimination of fake goods in the market streams.

2. Request Opposition against the Trademark Application 

When the infringing party is interested in registering their mark, it is possible to oppose this application. This is done in an effort to avoid other complications in the future.

3. ADR stands for the alternative Dispute Resolution

If you want a quick and cheap solution to a dispute, then mediation or arbitration may be useful. This style of strategy is good if both entities are willing to compromise.

Measures of Eradicating or Avoiding the Infringement:

1. Brand Protection

Brand Name Registration: This should mean that your business name is legally safe in areas that hold relevance to your business.

Logo Registration: Any logo and other images that your company wants to protect should be registered to avoid imitation by other people.

2. Regular Monitoring

Use trademark monitoring services in the market to track the use of your brand. This helps you to detect indications of the infringements at an earlier stage.

3. Educate Your Audience

The other benefit of brand awareness is that it makes customers easily differentiate between real and fake products. LegalRaasta is the best trademark attorney that can help you with all of these services efficiently.

4. Maintain Documentation

Make it your practice to maintain proper records of your Trademark Registration & renewal dates of usage illustrations in case of proven negligence of the infringers.

Why is Trademark Registration Important?

Trademark Registration grants the owner of a brand a legal right as well as entitlement to use the name or symbol in business. A Logo that has been properly registered not only protects the business identity but also stops competitors from leveraging the value of your brand. Brand Registration guarantees that your asset is protected from imitation.

How LegalRaasta Can Help in Trademark Infringement?

When it comes to trademark infringement, you may feel helpless, but knowing how to navigate this challenge will help you to safeguard your brand. Trademark Registration and Logo Registration are the services that LegalRaasta focuses on, providing complete solutions. We make sure that our client’s intellectual properties are protected through brand name registrations and leave this concern to our team of professionals so you have ample time to expand your company. Contact LegalRaasta at the earliest to protect your brand and enforce your trademark successfully.