Trademark contravention is very usual because it has several grey areas when it comes to the interpretation of IP rights law. Recently, you might have seen many cases related to this. Some of the landmark cases are Cadbury and Nestle over the trademark of the element of blue wrapping. Coca-Cola's trademark over its bottle's shape, and Fair & Lovely and Emami about its brand line Glow and Handsome are still sub judice.
It becomes pertinent to carry out the process of your company name trademark registration which can be done with required documents and trademark searches via visiting the official website.
Trademark lawsuits can also require documentation, high costs, and lead to a fall brand image. This makes it requisite to be well-equipped to protect your trademark. In this blog, we would discuss how one can win a trademark infringement case.
Comprehending elements of a potential trademark infringement
Every case involves two parties. In case of trademark, an infringement lawsuit might erupt betwixt your brand and another's, as a result of circumstances given below;
- Your trademark registration has been practiced by another business.
- Another registered trademark business initiates the complaint against the trademark utilized by you.
- Your unregistered trademark is considered identical or resembling by the registered trademark's owner.
- You are the registered trademark's owner, and a rival business starts utilizing your mark without registration.
- You recognize that a rival business incorporates similarity in wrapping, color, product design, tag lines, brand name or logo, or any other differentiating element.
How can you defend your trademark?
It does not matter whether you are the proprietor of a registered or an unregistered trademark; your brand recognition requires it to be protected. It is your business logo, name, or combination of colors, the domain name of your website, and so forth that your customers and suppliers would recognize you with. If you have noticed another business utilizing your trademark, below are some points that might help you to get some legal redressal;
Look out the area of business of the infringing mark
- This has to be your first step, as the basic test that courts use to look out if the 2 businesses utilizing an identical mark is whether It would cause indecision.
- For instance, Kellogg's in the packaged food industry is a well-known mark, so another business in the same industry with the same name will potentially be taken as a trademark infringer, and that can make your argument stern.
- Nonetheless, even if the infringer brand does not belong to your industry, it can still be illusively identical to yours.
The time period of rival business and development of the mark
- If you have confirmed that the rival has infringed your mark in a product or service identical to your business, then you should garner some background information. It would involve looking out how long they have been in this business.
- Also, you should look out how long the violator has used the trademark.
- If your mark's usage predates their mark, then your claim will be stronger as courts usually are inclined to the party that has initiated using the mark first.
Initiating first use of your mark
While you may think that you have initiated using the mark first, some information about the mark's usage might or might not be in the public eye. Hence, you must conduct a quick public search to ensure whether their trademark has registration or not. It is important to start using the mark first.
Even if your trademark is registered later, you can still get the legal benefits of starting to use your mark earlier. Your prior utilization of mark might be proved by one or more of the factors given below;
- Use of the mark in the internal meetings, letterheads, communication with stakeholders.
- Display of the trademark at well-known locations like advertisements, websites, social media presence, and so forth.
Formulating similarity in the mark
The trademark contravention's final test is whether a reasonable buyer looking at the products is likely to baffle the 2 marks or feel they are identical. For example, Parle G has fought legal battles of trademark infringement and its remedies in the case with Parle J. Also, PayPal and Paytm are currently involved in a legal dispute related to the similarity in the shades of blue and letter replacement. The decisions are based on several identifiable parameters;
- The similarity in sound as Parle J and Parle G both sounds alike.
- The similarity in letters or words like Navarathna Pharmacy and Navratna Pharmaceuticals are very identical in placement.
- Also, the similarity in the logo. If a firm has contravened your trademark and comes under the same industry, a similarity in mark on the products is likely to misguide customers more. Thus, it becomes pertinent. If the brand indicates a business connection like Birla and Tata, even if it is not in the same industry, it can still be considered a trademark infringement.
Lastly, you should keep all your communication with the registrar of trademarks, consisting of objections, notices, amendments, and corrections submitted alongside your registered trademark. It can be beneficial for the veracity and authenticity of your trademark in the legal battle.
You can register logo and brand registration online for yourself or your company from anywhere at any time.
Power of Attorney (POA) signed by the candidate.Process of Brand Registration in Delhi Searching Trademark AvailabilityFirstly, we have to search whether your business name, brand, and logo are not already registered.Therefore, search for a trademark that is unique and different.After that, when the searches are complete, it will confirm that the brand is unique.
Filling in Trademark ApplicationOn completion of the trademark search, apply for the trademark registration online for your unique business name, brand and logo.If someone else has got the same trademark, then we need to change our logo.
And if you know that you are already using this trademark, then before being used by someone else, you should give a trademark application as soon as possible and start using TM with your name.
TM-form will be fill-up with the prescribed fee.
Application Review for Brand Registration in DelhiAfter giving the application, the trademark office will check it thoroughly.
Can you really trademark anything, including your personal name?
Will the United States Patent and Trademark Office (USPTO) approve of an application to trademark your name?
Registering a company can happen when you register it in a state or when you register your business as a corporation or an LLC.
For any product or service?” If the answer is no, then most likely, the USPTO will not approve your application, or they will, but there will come a time where you will have to show evidence of use and when you can’t, your trademark will be canceled.
If she hadn’t trademarked it, other people could’ve easily used her name and Ms. McCartney would have a harder time taking them to court as compared to just protecting it in the first place.
Trademark ProtectionIt’s one thing to trademark a name, it’s another to enforce the protection you have over it.
