What is the best way to deal with Trademark Infringement?

Trademark infringement is far too common these days. And it has hurt far too many brands. And the reason is most do not know how to deal with such cases properly. Therefore, this article explains the best ways to tackle brand infringement. 

Your brand name might not be yours alone. No, we are not talking about you stealing someone else’s trademark. It is the other way around.

Originality has taken a hit these days and most are trying to ride the wave of existing creations to gain success. Be it copyright or a trademark, if an IP already has a reputation in the market, the chances that someone will steal it is high.

So, what can you do to tackle such a form of thievery?

Unfortunately, there is no simple answer. However, what we do have are some solutions that will help you prevent such cases in the first place.

Find it in your heart to reach out to the infringer

When we stated that originality is hard to find, it wasn’t just a blind statement. Every creation, existing or otherwise, has an influence on something. Everything is inspired by another. Therefore, chances that your trademark is something that the world has never seen before are low.

That brings us to the intention of the one who has committed a trademark violation. They might have not done so deliberately. In fact, they must have believed that their brand is truly unique and therefore, should be put on a product or service.

Related Services: Trademark Registration

How can you deal with a violator like that?

If there is one approach you do not take it directly filing an injunction. Before you treat the infringer as a criminal, find out if there was a crime. 

If it was an honest mistake, don’t mistake it for criminal misgivings and drag an innocent to court. 

Talk to them. Perhaps, they will understand you and stop using the mark altogether.

If they don’t, then you bring out the big guns.

File for temporary injunctions

If you have determined that one passing off your mark is a deliberate offender, file a temporary injunction. Simply put, an injunction refers to a legal notice that allows you to temporarily stop the infringer from using your brand unless the court says otherwise.

This solution is more like a band-aid than an actual cure. However, it can give you time to take further actions to look for permanent solutions.

Apply for permanent injunctions

Filing a permanent injunction becomes an eligible option brand infringement is hurting the reputation of your brand. In fact, the government of India applauds such measures. Applying for a permanent injunction won’t only protect your brand, it will also:

  1. Send a clearer message to the violators about the suit for infringement of the trademark
  2. And, would-be thieves will try to actively avoid using your brand name.

Conclusion

While prevention of trademark infringement is better than dealing with it once it happens, you need to send a clear message about your brand. Make sure that no one can look at your brand the wrong way. The more stern you are, the higher the chances of passing off and infringement of trademark happening less.

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