Trademark infringement occurs when one business uses a logo or corporate identifier that the public is likely to confuse with another. Such usage can be damaging to a commercial entity’s reputation, as well as its bottom line.
Good business sense requires litigating against any venture that commits this type of violation. Taking action requires an informed approach.
1. Establish ownership of your trademark
Substantiating infringement begins with authenticating proprietary rights to the trademark in question. This is why registering yours with the appropriate authorities must always happen as soon as possible. Filing generates concrete proof that the mark is exclusively yours.
2. Show the validity of the trademark
Demonstrate that your trademark is genuine by providing real-world instances of its use. Gather physical materials showing that it is an intrinsic part of your corporate identity. Trademarks typically have distinctive features that set them apart from others. Emphasizing what makes yours unique may bolster your case.
3. Confirm usage of the infringing trademark
Next, prove that someone else is actively using your intellectual property. Evidence could be sales records, advertisements or anything else that confirms the competitor’s use of your brand in the marketplace.
4. Provide evidence of trademark confusion
While not necessary, confirmation of consumer misunderstandings could strengthen your claim. If overwhelming examples exist, you should be able to avoid going to trial. This is the situation for most intellectual property disputes, with 76% of these conflicts ending in a voluntary settlement.
Companies that follow these steps have a good chance of building a robust case for trademark infringement. A proactive stance regarding intellectual property is integral to maintaining the distinctiveness and integrity of your operation.
