Trademark infringement refers to the unauthorised use of a particular trademark. When a company commits a trademark infringement the trademark owner has every right to file a lawsuit. This is done to prevent the trademark for being used for further purposes and also to collect a nominal amount of money for compensation.
If someone is using your trademark to create confusion amongst the minds of consumers, it may have a negative effect on your business. You may lose previous or potential customers. So how do you spot a trademark infringement? It’s simple, just make sure to keep the following things in mind.
What exactly does a trademark infringement look like?
The trademark infringement doesn’t mean that the copied trademark looks exactly like yours. If you are looking for exact replicas, you need to think again. You won’t find any trademarks which are a100 percent copy of yours. You have to look beyond it.
When a trademark is presented to consumers at the same time as yours, it can also make up for trademark infringement.
However, trademarks which are similar but used for different areas for example one being used for architecture and the other for a dry cleaning business wouldn’t be considered as infringement.
In case the infringement is unintentional, the infringer may get away with a great deal less than those who have committed intentional infringement.
Those who have your permission to sue your trademark are by no means committing an infringement and this could render the case as null and void.
This permission could be given to them in the form of franchise use.
However this permission can be revoked anytime and any infringement committed after the time lapse of the agreement could be considered as intentional trademark infringement - Learn more about copyright infringement on this page.
So what do you do once you spot trademark infringement?
Make sure you take action in all of the following cases
As soon as you spot someone trying to carry out infringement of your trademark. Chances are there may be more than one business doing so. The more people trying to copy the trademark the stronger is you case
Failure to do something about the infringement could land you into trouble and you may lose your trademark rights.
The longer someone has been carrying out the infringement, the less likely are they going to agree to your terms and what could ensure would be a long and ugly battle for infringement rights and may cost an arm and a leg in terms of hiring a lawyer.
You need to go for a trademark infringement monitoring program. Find a startup lawyer in Melbourne here. They can do a close study and research any possible infringements. In fact they may even help you know how long a certain company has been using your trademark.
With the help of this program, brand managers can ensure that their business stay protected and exclusive as well.
Do you want to know more about trademark infringement? Worried that someone might be using your trademark for their own interest? Don’t worry, just visit studiolegal.com.au for the best technology lawyers in Melbourne.