Trademarks are an essential part of helping differentiate different products and services in a crowded marketplace. A trademark may be a word, logo, and/or slogan, or some combination of those elements that enable consumers to identify and form a bond of trust with a brand. Generally, trademark infringement refers to the unauthorized use of a similar (or identical) mark by another party. Trademark infringement is the unauthorized use of a trademark or service mark on related goods and services in a way that is likely to cause confusion (the “likelihood of confusion” standard) regarding the owner of the goods.
What Is Trademark Infringement?
A trademark infringement is an act of using a mark that is identical or confusingly similar to a registered trademark owned by another party, resulting in a consumer confusion. Such unauthorized use may mislead consumers into thinking that the infringing goods or services are somehow endorsed by or associated with the original trademark owner, which may lead to financial degradation or damage to that individual’s reputation.
These are the trademark infringement elements.
The following elements must typically be established to prove a claim of trademark infringement:
Ownership of a Valid Trademark – Whether the plaintiff owns a valid trademark that is registered with the proper authorities and is distinctive and recognized in the marketplace.
Use Without Authorization – The defendant must have used the mark without authorization.
The unauthorized use has to result in a likelihood of confusion of consumers concerning the source of goods or services.
Common Types of Trademark Infringement
Direct Infringement – Occurs when a party uses a mark that is either identical or confusingly similar to a registered mark in connection with the same or related goods/services.
Contributory Infringement – If a third party intentionally provides another with means to infringe the trademark owner’s exclusive rights, like selling to a third party counterfeit goods.
Dilution — The use of a famous trademark in a way that dilute its distinctiveness or tarnish its reputation, regardless of competition.
RECAP: Trademark Infringement Legal Implications
Liability for damages can have serious legal consequences, such as:
Cease and Desist Orders – The infringing party could be ordered to cease and desist from using the mark immediately.
Monetary Damages – Trademark owners may seek damages for the earnings lost due to the infringement.
Destruction of Infringing Goods – The courts may order infringing or counterfeit goods to be destroyed.
Injunctions – An order of the court to stop the unauthorized use of the mark.
10 Steps to Stop Trademark Infringement
Individuals and businesses can take numerous proactive measures to protect their trademark, including:
Registering the Trademark — When obtaining legal registration, exclusive rights to use the mark are granted.
Regular Trademark Searches Before Launch – Performing regular searches for the availability of similar marks before even launching a new brand/product.
Monitoring of Market Activities – Watching out for potential infringers and taking action in the court of law if needed.
Training Employees and Partners – Making sure stakeholders know and understand the value of trademark rights.
Trademark infringement is a matter of concern because it can adversely affect businesses and confuse consumers. Consulting a Trademark Lawyer in Kolkata can help businesses understand the laws behind trademarks and taking preventive steps can help businesses preserve their brand identity. Replying quickly can halt further damage and preserve the brand identity in the long run if faced with infringement.
