Why must one apply for Trademark Infringement services in India?

  • January 27, 2023
  • Dushyant Sharma
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How to know when someone is stealing your brand name? For such purposes, you can subscribe to Trademark Infringement services from a reputed IPR Consultancy Firm. But before beginning to apply for Trademark Infringement services in India, let us first understand, what is the actual meaning of Infringement.


What is Trademark Infringement?

To utilize a Brand’s Logo without the permission of its registered Proprietor is termed Trademark Infringement. It means breaching the trademark rights of a Brand by using it without its permission. One, as a registered Brand, can transfer its Trademark Rights to another party, but this can happen only after mutual consent.


What Infringement does to a Business?

Brand Logo Infringement is plaguing the Corporate World. Many malicious elements feed on the hard-earned reputation of someone’s Brand, ignoring that their deeds are jeopardizing the hard work of someone else. They follow the pass of deception by trying to pass on someone else’s trademark as their own. Consequently, major businesses suffer huge losses and their image gets eroded as reputed Brands in the market. Their names get lost in the chasm of obscurity.

 Such infringement cases can have a detrimental impact on someone’s business if they are not careful. Therefore, one must look out for such trademark infringement cases against their Brand from time to time. In such a regard, we can help you.


Let us legally define Trademark Infringement

As per the Trademark Act of 1999, Trademark Infringement is an act of violation of the exclusive rights of a Trademark Proprietor without their authorization. Any licensees provided for such authorization must be within the scope of such license. Infringement takes place when the Infringer uses a logo identical or similar to a trademark registered with another party in respect to the products/services equivalent to the products/services covering the registration.


Criminalization of Trademark Infringement around the World

A Trademark Owner can start civil proceedings against a party that he or she considers to be the lead Infringer of its registered trademark. The United States criminalized intentional trade as per its Trademark Counterfeiting Act of 1984 in counterfeit goods/services.


However, many countries recognize common law trademark rights. An unregistered trademark cannot be infringed. Also, the trademark owner cannot begin infringement proceedings. In such places, the Proprietor can commence proceedings under the Common Law for misrepresentation under legislation prohibiting unfair practices. Some jurisdictions also consider the Infringement of trade dress actionable.


Trademark Infringement is a big deal. Therefore, the most common trademark infringement must not be ignored by a registered Proprietor. It can put a financial strain on the business name and make it hard for the Enterprise to cope with the losses.


Effects of Trademark Infringement on Businesses

As a registered trademark owner, the brand name belongs to you. Your brand makes people recognize your product or services or both. If someone tries to steal your brand name, the damage has already been done to your business. Let us now look closely at some of the effects of Infringing the IPR of a Brand in India


Brand Erosion & Lost Customer Loyalty

The brand is what a customer trusts. If someone infringes a mark to sell its subpar copy, then it will blemish the brand's name in the market, which, in turn, triggers a chain reaction, consequently lowering customer trust while eroding loyalty.


Changed Preferences of Consumer

Failing to cease notice for trademark infringement, the Company may suffer when customers are manipulated to avoid your brand. A customer's trust tends to be fickle. It can fall on either side, which can drive your customers away.


Confused Customers purchase Subpar Products

If a customer is extremely dissatisfied with your product, they would contact you. Otherwise, he will just switch his preferences, which most brand thieves mostly bank upon. The Customer informs you if something wrong happens. The Company will be simply ignored by its prospects.


Loss of Business

If your customers ignore you, there will be no business done. Also, the lost credibility will reduce the overall confidence your creditors had in you. The Company, suffering from the exponential losses, might even get closed.

Therefore, you can prevent trademark infringement by placing it at the top of your agenda when it comes your way. For more, connect with the IPR experts at Registrationwala.

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Dushyant Sharma
Author: Dushyant Sharma

Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.

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