In today’s competitive business landscape, protecting your brand is essential for maintaining its value and reputation. Trade mark infringement poses a significant threat to a brand’s identity and can undermine its market position. Understanding the nuances of trade mark protection and taking proactive measures to safeguard your brand against infringement is vital in maintaining its distinctive identity.
Understanding Trade Mark Infringement
A trade mark is used to distinguish the goods or services of one trader from those of others. Trade mark infringement occurs when a third party uses a mark that is identical or similar to a registered trade mark in respect of identical or similar goods or services which creates a likelihood of confusion or association with the original mark. This can dilute the distinctiveness of the original mark, devalue the brand, lead to customer confusion and loss of sales.
Proactive Measures to Protect Your Brand
Legal Remedies for Trade Mark Infringement
In the event that a trade mark infringement occurs, businesses have recourse to various legal remedies to protect their brand. These may include seeking injunction to prevent further unauthorised use of the trade mark, pursuing damages or the infringing party’s profits derived from the unauthorised use of the mark, delivery up or destruction of the infringing goods, among other remedies.
Protecting your brand against trade mark infringement requires a proactive approach. By taking strategic measures to safeguard your brand, businesses can mitigate the risk of unauthorised use and preserve the integrity of their trade marks.
If you would like to discuss protection of your brand, please drop us an email or give us a call and we will be happy to arrange a free consultation with one of our specialist IP lawyers.
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