Trademark registration ensures certain rights and privileges to the owner and protects them from being ripped off or copied by imitators. It prohibits the use of the same logo or design by others. Hence, it ensures the owner has complete control over the brand name. Know what if Someone Uses Your Trademark.

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 uses your trademark? Take a look at the steps you can take if you figure out that someone has been misusing your trademark.

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 colors
. Invented word
. Monograms
. The shape of goods or packaging
. 3- dimensional sign.

To apply for a Trademark registration, you can visit www.myprojectreport.com or You can also call:- 9313241303.

Legal Requirements to Register a Trademark

The mark must be visually represented and distinguish the company’s goods from others while indicating a connection between the goods and the manufacturer.

The Functions of a Trademark

Goods and services are identified, quality is guaranteed, products or services are advertised, brand value is increased, and an image of the brand is created. Identifies goods and services
Guarantees quality
Advertises the products or services
Adds to the brand value
Creates an image of the brand

Steps to Take if Someone Uses Your Trademark

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

Geographic Restrictions

While these may not hold for large ventures, small ventures often face difficulties proving infringement concerning 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 about trademark law is that names are challenging to make indistinguishable. Similar-sounding names may seem like infringement, but their similarity may be subjective and 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.

Someone is Using your Trademark? Take action!

If you believe that the other name is being utilized 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, respects your word, and stops utilizing your brand name, then the matter is dealt with and you can go back to managing your business
On 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 they have done to your business.

Trademark registration helps you shout out, “This brand name is ours, so stay away!”. 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.

Please find the corrected version of the given text below: “Also, read:”

Guide to Trademark Infringement
Trademark Infringement Element
Impact Of Trademark Infringement On Business