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:
But, the following actions do not amount to infringement:
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