Steps to Take if Someone Uses Your Trademark

Last Updated at: October 23, 2019
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Steps to Take if Someone Uses Your Trademark

Trademark registration ensures certain rights and privileges to the owner and protects him from ripped off or copied by imitators. It prohibits the use of the same logo or design by others. Hence it makes sure that the owner has complete control over the brand name. Even after trademarking a logo or a tagline, we see that certain other business owners feel that they can copy it and get away with it. So as an owner, what can you do if someone copies your trademark logo?  Take a look at the steps you can take if you figure out that someone has been misusing your logo.

Trademark registration is important to ensure the rights and privileges of the owner and protects the same from being copied by others. With trademark registration, you can prohibit someone else from using the same design or logo as you do. If you find imitators copying your works, then you can follow the steps that are detailed below.

What can you Trademark

In India, laws allow you to trademark any of the following or a combination of the following:

  • Letter
  • Numerical value
  • Word
  • Catchphrase
  • Logo
  • Graphic design
  • Smell
  • Sound or Jingle
  • Combination of colours
  • Mark
  • Invented word
  • Monograms
  • The shape of goods or packaging
  • 3- dimensional sign.

Legal requirements to register a trademark

  1. The mark must be graphically represented.
  2. It must help consumers distinguish the goods of the company from another.
  3. It should be used to indicate a connection between the goods and the company it is manufactured by.

The function of a trademark

  • Identifies the goods and services
  • Guarantees quality
  • Advertises the products or services
  • Adds to the brand value
  • Creates an image of the brand

STEPS TO TAKE

  • Figure out if it is an actual infringement of trademark laws

Before you file a lawsuit or decide to take up arms, you need to figure out and determine whether the issue is really a case of trademark infringement.

Register Your Business Trademark

  • Trademark Infringement

Trademark infringement occurs when consumers are led to believe that another brand is the same as the brand owned by the owner due to the careful placing or misusing of a trademark logo or tagline.  This double utilisation should lead to confusion and dissatisfaction among users.  Hence if you use a particular mark to make unique your goods and services, inquire with customers whether a similar sounding name or looking ogo by a different brand is confusing them or not. If the owner believes he or she will not mistake that brand for yours, then probably, your case does not hold good in a court.

  • Geographic Restrictions

While these may not hold true for large ventures, small ventures often face difficulties proving infringement with respect to their location. If your business has a nationwide presence, then you need not worry about area and location. Due to rising internet penetration and the growth of e-commerce, geographic restrictions are reducing daily, and hence courts now consider such online nearness to have enough impact on another’s sales.

  • Indistinguishability

Another regularly occurring issue with regards to trademark law is that names are challenging to make indistinguishable. Similar sounding names may seem like infringement, but their similarity may be subjective in nature and is hence difficult to prove in court. While most courts take sight, sound and implication as the aspects of comparing similarity, it is not very easy to show that two names sound or look indistinguishable and hence the laws regarding the same are ambiguous at times.

Action

  • If you believe that the other name is being utilised by your competitor to confuse clients and works in the same locale as you, thereby affecting your sales, then you must take action against the imposter.
  • The initial step would be to contact a lawyer who has some experience in the field of trademark law and then follow their advice.
  • Such issues are usually dealt with by sending a caution letter to the business infringing your brand name and asking them to refrain from using your trademark logo or tagline.
  • If the infringer backs off and respects your word and stops utilising your brand name, then the matter is dealt with, and you can go back to managing your business.
  • In the off chance that the imposter pays no heed to your caution and continues doing the same, you will have to bring it to the notice of the court and undertake legal proceedings as required.
  • Record a claim stating the infringement and the effects it is having on your business in a court nearby and if the violation is occurring in several localities, then approach the state court.
  • Record a trademark encroachment claim and file for the accused to pay you cash for the harm he or she has done to your business.

Trademark registration helps you shout out, “this brand name is ours! So stay away!” and this is extremely helpful when running a business in today’s ultra-competitive world. Having a brand name that people identify with goes a long way in increasing sales and building brand value. This is precisely why you should not take infringement of trademark laws lightly but instead, ensure that no other business rides on the back of your hard work and perseverance.

Is interest exempt from GST?

Knowing the taxability involves understanding whether item is not under GST or is exempt. Income earned from means like reverse repo or repo or nature of interest are exempted.Understand the procedure for GST registration and GST returns here.

What are the documents to be submitted for MSME Registration?

The documents required for MSME Registration are PAN Card Number of the company, Aadhar Card number, PAN card of the applicant, Address proof of the firm, bank account information and NIC code of the products and services.More on Income Tax Return Filing.

Will I be penalized on late filing of ITR even if I am not liable to file it?

People who fall under certain income slabs nee not file their income tax returns and thus they would not be fine even when they submit it after the due date.Learn more about ISO Certification.

Who can get certified for ISO 9001?

It is possible for any non-governmental or governmental organization or private industry of any vertical regardless of their requirements or size to get ISO certified. More info on NGO Registration in india.

Should I register a trust or a society?

Even if you register as a Trust or Society, the social work doesn’t get affected much except for the controlling bodies of these organizations.More about Udyog Aadhar Registration.

Steps to Take if Someone Uses Your Trademark

3776

Trademark registration ensures certain rights and privileges to the owner and protects him from ripped off or copied by imitators. It prohibits the use of the same logo or design by others. Hence it makes sure that the owner has complete control over the brand name. Even after trademarking a logo or a tagline, we see that certain other business owners feel that they can copy it and get away with it. So as an owner, what can you do if someone copies your trademark logo?  Take a look at the steps you can take if you figure out that someone has been misusing your logo.

Trademark registration is important to ensure the rights and privileges of the owner and protects the same from being copied by others. With trademark registration, you can prohibit someone else from using the same design or logo as you do. If you find imitators copying your works, then you can follow the steps that are detailed below.

What can you Trademark

In India, laws allow you to trademark any of the following or a combination of the following:

  • Letter
  • Numerical value
  • Word
  • Catchphrase
  • Logo
  • Graphic design
  • Smell
  • Sound or Jingle
  • Combination of colours
  • Mark
  • Invented word
  • Monograms
  • The shape of goods or packaging
  • 3- dimensional sign.

Legal requirements to register a trademark

  1. The mark must be graphically represented.
  2. It must help consumers distinguish the goods of the company from another.
  3. It should be used to indicate a connection between the goods and the company it is manufactured by.

The function of a trademark

  • Identifies the goods and services
  • Guarantees quality
  • Advertises the products or services
  • Adds to the brand value
  • Creates an image of the brand

STEPS TO TAKE

  • Figure out if it is an actual infringement of trademark laws

Before you file a lawsuit or decide to take up arms, you need to figure out and determine whether the issue is really a case of trademark infringement.

Register Your Business Trademark

  • Trademark Infringement

Trademark infringement occurs when consumers are led to believe that another brand is the same as the brand owned by the owner due to the careful placing or misusing of a trademark logo or tagline.  This double utilisation should lead to confusion and dissatisfaction among users.  Hence if you use a particular mark to make unique your goods and services, inquire with customers whether a similar sounding name or looking ogo by a different brand is confusing them or not. If the owner believes he or she will not mistake that brand for yours, then probably, your case does not hold good in a court.

  • Geographic Restrictions

While these may not hold true for large ventures, small ventures often face difficulties proving infringement with respect to their location. If your business has a nationwide presence, then you need not worry about area and location. Due to rising internet penetration and the growth of e-commerce, geographic restrictions are reducing daily, and hence courts now consider such online nearness to have enough impact on another’s sales.

  • Indistinguishability

Another regularly occurring issue with regards to trademark law is that names are challenging to make indistinguishable. Similar sounding names may seem like infringement, but their similarity may be subjective in nature and is hence difficult to prove in court. While most courts take sight, sound and implication as the aspects of comparing similarity, it is not very easy to show that two names sound or look indistinguishable and hence the laws regarding the same are ambiguous at times.

Action

  • If you believe that the other name is being utilised by your competitor to confuse clients and works in the same locale as you, thereby affecting your sales, then you must take action against the imposter.
  • The initial step would be to contact a lawyer who has some experience in the field of trademark law and then follow their advice.
  • Such issues are usually dealt with by sending a caution letter to the business infringing your brand name and asking them to refrain from using your trademark logo or tagline.
  • If the infringer backs off and respects your word and stops utilising your brand name, then the matter is dealt with, and you can go back to managing your business.
  • In the off chance that the imposter pays no heed to your caution and continues doing the same, you will have to bring it to the notice of the court and undertake legal proceedings as required.
  • Record a claim stating the infringement and the effects it is having on your business in a court nearby and if the violation is occurring in several localities, then approach the state court.
  • Record a trademark encroachment claim and file for the accused to pay you cash for the harm he or she has done to your business.

Trademark registration helps you shout out, “this brand name is ours! So stay away!” and this is extremely helpful when running a business in today’s ultra-competitive world. Having a brand name that people identify with goes a long way in increasing sales and building brand value. This is precisely why you should not take infringement of trademark laws lightly but instead, ensure that no other business rides on the back of your hard work and perseverance.

Is interest exempt from GST?

Knowing the taxability involves understanding whether item is not under GST or is exempt. Income earned from means like reverse repo or repo or nature of interest are exempted.Understand the procedure for GST registration and GST returns here.

What are the documents to be submitted for MSME Registration?

The documents required for MSME Registration are PAN Card Number of the company, Aadhar Card number, PAN card of the applicant, Address proof of the firm, bank account information and NIC code of the products and services.More on Income Tax Return Filing.

Will I be penalized on late filing of ITR even if I am not liable to file it?

People who fall under certain income slabs nee not file their income tax returns and thus they would not be fine even when they submit it after the due date.Learn more about ISO Certification.

Who can get certified for ISO 9001?

It is possible for any non-governmental or governmental organization or private industry of any vertical regardless of their requirements or size to get ISO certified. More info on NGO Registration in india.

Should I register a trust or a society?

Even if you register as a Trust or Society, the social work doesn’t get affected much except for the controlling bodies of these organizations.More about Udyog Aadhar Registration.

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