Trademark is your most valuable possession. It’s how people recognize your product or your services. If you are a growing businessman, the value of this mark grows with it. People start you recognize you more and more. Soon, you become a beacon of trust, hope, and good product/services provider.
However, somewhere, someone is watching – looking at your trademark with greedy eyes. They don’t care if you have registered the trademark. They only have one thing in mind – using your mark to trade their goods. Or make something similar to confuse people. They want instant success, and trademark infringement is the path they have chosen.
Soon, people get confused. The product under your trademark is terrible all of a sudden. And sometimes, it’s a different product. Your reputation starts to fall. The same happens with your business. And then, all the hard work you put into your business is ruined.
What are you going to do about it?
Trademark infringement means violating the trademark holder’s exclusive rights, i.e. altering and/or using the trademark without the consent of the trademark holder. There are two primary ways trademarks are infringed:
How do we stop these things from happening? The truth is that you can’t. Trademark registration is done to make the trademark thieves think twice before stealing. But, it doesn’t put a magic shield over your trademark – making it impossible for others to copy it.
But that doesn’t mean that you can’t do anything.
There are remedies for trademark infringement that comes in the form of punishment.
Trademark infringement in India is a crime that many readily commit. The criminals believe that no one will notice. And if your business has become a victim to these criminals, they were right – you didn’t notice.
And you can’t notice it right away. You have a business to take care of, and because of that, you can’t live in fear. But, once you notice the infringement, you can do something about it.
Even if the case isn’t resolved instantly, the injunction stops the infringer from using your trademark/something similar to your trademark.
Those who are the victim of trademark infringement always claim damages.
It can be tricky to get the profits of a trade that misused your name. Get the best trademark lawyer for it.
Trademark infringement is joint in India. And looking at the number of cases we see every day, it’s not becoming uncommon any time soon. So, the best thing to do is to look at these remedies and take appropriate measures. All of them can send a message to others who want to steal your trademarks. So, don’t be afraid to take them on.