Trademark litigation’s main work is to resolve disputes and infringements. It protects the brand’s logo, name, and phrases from being misused by another organization.
All trademarks in India are legally protected. Trademarks are used to protect businesses and their identity and reputation. It also helps them avoid trademark infringement.
Trademark infringement means when someone uses a trademark similar to an already registered trademark without the permission of its owner. Trademark and Litigation provide legal rights to prevent infringers from using the brand and their intellectual property. Through this article, you can learn all the information about trademark litigation.
It’s a legal process in which all disputes related to trademarks are resolve. Disputes arise when any other third party uses to copy your logo or misuses your logo and sells their products.
Reasons for Trademark Litigation
Trademark Infringement
Use by an unauthorized person
Wrong advertising
Cyber Squatting
Unfair competition
Cancellation of Trademark
Issues in Trademark Litigation
Counterfeiting: Counterfeiting is the most common of all trademark disputes. It mostly involves the sale of counterfeit products. Identifying these products requires checking their authenticity. Injunctions are use to stop the manufacture and sale of these products. Preventing them not only maintains the integrity of a brand but also maintains customer confidence when buying genuine products.
Trademark Dilution: This means when another party damages the distinctiveness of a famous brand by illegally using it. In other words, when trademarks that are famous for their wide awareness become subject to illegal use, which reduces their value.
Registration Disputes: Registration disputes are very common and it means when two different parties want to apply for the same trademark for similar goods and services. This gives rise to disputes where one party opposes the registration of the trademark of the other party. To avoid these disputes, legal measures are adopted like submitting supporting evidences, properly describing the goods and services.
Trademark Infringement: Trademark infringement means when another person or any third party creates and uses a trademark that is similar to or similar to a trademark, thereby creating confusion and distrust among consumers.
Legal protection: It protects the business assets like the business name, logo, and phrases.
Infringement: It can prevent brand infringement.
Injunction: By injunction, you can prevent the continuing or beginning of the infringement.
Trademark LitigationProcess
Cease and desist letter: The trademark owner sends a letter to the infringer to stop using the unauthorized use of the Trademark.
Filing a complaint: If the infringer doesn’t stop using the Trademark, then the Trademark owner will file a complaint in court.
Answer and counterclaim: The infringer may also file a response complaint explaining his own claims against the Trademark owner.
Discovery process: After this both parties will submit a list of documents, witness statements, and expert reports.
Trial: If the case is not resolved in any motion, then the trial is done in front of a judge or jury. If either party disagrees with their decision they can appeal to the higher court.
Work of Trademark Litigation
Be sure to conduct a thorough pre-litigation evaluation
Develop a clear litigation strategy
Prioritize early case evaluation and settlement negotiations
Keep evidence-gathering and documentation robust
Seek help and guidance from legal expertise
Maintain transparency and open communication
Conclusion
It is primarily designed to protect the trademark owner’s legal rights associated with the trademark. By litigation, businesses can protect their brand from infringement. Taking legal action against infringement is vital to protect your brand and identity. Infringement can also be prevented through trademark registration and monitoring.
