Infringement of a trademark has become a crucial issue in this age of high competitiveness. But how is it possible to determine when a particular trademark is said to be used unlawfully by a company? There are a few aspects that need to be examined for finding out whether the trademark has been violated by another firm.
The primary aspect is to study the likeness between the two trademarks with respect to appearance, sound, meaning, pronunciation and spelling. If the likeness between the trademarks on any one of these factors is substantial to create confusion in a consumer’s minds, it will amount to trademark infringement. This would make it difficult for the consumers to pick the authentic items, and they might end up purchasing fake ones, causing revenue loss to the company with the genuine trademark. You must remember that if the pronunciation is quite similar, change in spelling can be insignificant as far as trademark infringement is concerned.
The second factor is how the products or services provided by manufacturers with similar trademarks are linked to each other. There will be significantly lesser chance of confusion if the products or services are entirely unrelated to each other.
Another essential factor is how conscious the customers of the items or services in question are. Closely resembling trademarks will not develop confusion in the minds of intelligent consumers who carry out a detailed study of the item that they wish to buy. Such customers are armed with comprehensive information about the competing brands and thus they are not puzzled by closely resembling trademarks.
It is the uninformed shopper who in his hurry might choose a counterfeit product from the shop by not being able to differentiate between the two trademarks. He would not be aware of the subtle differences between the two trademarks, which in turn will increase the chance of his buying a counterfeit. This is one of the perfect examples of the kind of infringement of trademark that needs to be strictly dealt with.
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categories: IP law,IP lawyer,trademarks,patents,ideas protection,business idea protection,protecting business ideas,business value,copyright
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