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Who is using my Trademark ?

  • April 01, 2022
  • Registrationwala
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Trademark is the mark, word, or a short phrase used to identify the products and services traded by any company or individual. Recognized organizations can also use it to identify them. For example, your product or service name could be a logo, sign, heading, graphic, slogan, design, signature, word, letter, or combination of colors or any combination thereof.

 

When somebody else, without obtaining the permission of the registered trademark owner, uses his trademark, it is called Trademark Infringement. In reality, a person never uses other trademarks as it is. He just modifies the trademark to create confusion among the general public.

In this way, he violates the exclusive rights of the original trademark owner. Infringement results in the loss of the reputation, market share, and profits of the trademark owner.

 

Due to the increased ill-legal practice, businessmen have become more conscious and aware of protecting their brands against infringement.

 

But, it is not always that another person deliberately uses his registered trademark in his business. Sometimes, he makes every possible effort that his or her trademark remains at arm's length distance from the existing trademark based on various criteria which distinguish the two trademarks. In this way, one should know what constitutes the similarity between the two trademarks, or we can say what the actions are which constitute infringement. Followings are some of the rules which are the guiding principle to know what cases fall under infringement and what are not:

 

The following actions amount to infringement:

  1. A mark identical to an existing trademark is likely to create confusion among the general public.
  2. A mark similar to other trademarks and is also used for similar kinds of products covered by the existing trademark.
  3. A mark is similar to the existing trademark having a reputation in India regardless of goods covered by that trademark.
  4. Use a registered trademark in an advertisement that adversely affects the mark's reputation.

 

But, the following actions do not amount to infringement:

  1. If you are using a mark to indicate the quality, kind, quantity, etc.
  2. When you are using that part of the trademark outside the scope of the trademark registration. For example, you register a mark, XYZ star market with the condition that you will not have an exclusive right on the words star and market. In this case, I can use both words without constituting an offense.

 

Remedies available to the person whose rights are infringed:

The most common relief granted to the person who files the case of infringement against the second party is an Injunction. An injunction, in this case, is a court order which stops the infringer from further use of the trademark.

 

Also Read: Trademark infringement remedies


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