Virtually Every Well Known Company In The World Is Going To Have Or Use A Distinctive Phrase Or Logo Which Is Used Only By Them

Nearly every well-known business on the earth is going to have or use a unique phrase or symbol that is utilized only by them. The phrase or logo is commonly used by the business to distinguish its products, services or company on legal paperwork or in the eyes of the customer.

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When you look closely at a trademark, there will always be a superscribed symbol right after it such as TM that represents an unregistered trademark, SM which represents a service mark or a capital R in a circle that represents a registered trademark. The owner of the trademark has to register his phrase or logo with the appropriate authorities and then it becomes his exclusive property.

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Precisely What is Trademark infringement and How Could It Damage A Company?

Infringement arises whenever a different company or individual uses a trademark which is very similar to a well established trademark for very similar services. The holder of this trademark can then launch legal proceedings against the infringer to limit or halt the utilization of the trademark. If the copied trademark isn't the exact same, the parent business can still launch legal proceedings to protect their trademark through the use of a legal recourse called likelihood of confusion.

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According to this law, the courts are going to examine the copied trademark for its strength, proximity in products to the parent company, similarity in marketing and product sales, type of goods and possibility of company growth to decide whether or not the trademark has been infringed upon or otherwise. In accordance with the subsections of the Trademark Act of 1999, even verbal representation of the trademark by a competitor could be viewed as infringement by the courts. Simply by copying the trademark used by a well known company or mimicking it, the rival is in fact cashing in on the existing brand, customer base and product sales of the parent firm and this is not legal.

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Is Trademark infringement and Passing Off the Very Same?

Passing off is also deemed an element of trademark violations. The exact limits of passing off haven't been plainly delineated by the courts. The most frequent understanding is that when the infringement is such that consumers have issues in choosing the parent company, then the parent firm's legal rights have been violated. That will occur only if the competitor business is employing a trademark that is identical or deceptively comparable to the registered trademark. Additionally, in passing off, the competing company's products and services need not be exactly the same as that of the parent firm for the courts to impose a penalty.

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Be sure to be aware, however, that courts have a substantial amount of leeway when they are ruling on trademark infringement, passing off and trade dress and color cases. We highly recommend that you consult with a qualified professional before you consider taking your case to court.

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