Consequences of Trademark Infringement and Solutions
Every brand should consider carrying out trademark registration in the UAE not only to establish a distinctive brand identity but also to avoid infringement and its far-reaching consequences. Trademark infringement can mislead your customers and endanger your brand’s reputation and credibility. Apart from registering a trademark, you should develop a robust trademark infringement strategy with the help of trademark agents in the UAE.
However, brand owners should look at trademark infringement in the UAE from two different perspectives. Trademark infringement can happen due to a third party’s unauthorised use of your registered trademarks such as logo, brand name and slogan. It can also happen when you register a trademark without proper research and the trademark is confusingly similar to a previously registered mark.
You need to save your brand from being infringed apart from avoiding infringing the trademark rights of other brand owners. You may suffer damages in both ways and let’s discuss some of the major consequences of trademark infringement and recommended solutions to avoid it.
Loss of Loyal Customers
Businesses establish a strong brand to attract customers and increase sales on account of the brand’s power. Customers associate a registered trademark with a certain level of quality and reliability. As a result, they become loyal to a particular brand and base their purchase decisions on this brand loyalty.
A competitor may copy your logo or brand name to snatch a portion of your loyal customer base. It means a trademark infringer will get a free ride on your brand reputation and make profits at your cost. In this way, trademark infringement causes a loss of sales and revenue. Trademark agents in the UAE can advise you on the steps you need to take to avoid being infringed by competitors in the market.
Damage to Brand Reputation
Competitors trying to profit from your brand power will distribute products that bear logos and names similar to yours. The quality of such products will always tend to be inferior to the products under your brand. Customers who buy from an infringer will mistakenly believe that you made poor-quality products and charged too much for them.
Customers, in such a situation, will decide to avoid buying the products of your brand in the future. They will start associating your brand with poor quality and lack of credibility. In this way, the reputation of your brand will be damaged in the market.
Consequences if You Infringe Registered Trademarks
Now let’s move on to the damages you may suffer if you infringe on a previously registered trademark. You must keep these potential consequences in mind even before you apply for trademark registration in the UAE. Intentional or unintentional, trademark infringement may have the following devastating consequences:
Your Application May Get Rejected
Confusing similarity with a previously registered trademark in the UAE will lead to the rejection of your trademark application. A trademark owner can legally object to your application during the official ‘Opposition Period’. If proven valid, the UAE Trademark Office can reject your application. It means you will lose the money and resources spent on applying for trademark registration in the UAE. Trademark agents in the UAE can carry out trademark searches and save you from this situation.
You May be Asked to Stop Using the Mark
If the opponent finds that your trademark is similar to their registered trademark, they can sue you for trademark infringement. You will be forced to stop using the mark even if you were using it unintentionally. It will have devastating consequences on your business as you may have put time, money, and effort into a business in which the use of the particular mark is important.
You May Need to Spend a Lot of Money on Legal Fees
If it leads to a trademark dispute in the UAE, you may require to spend additional money and resources to justify your trademark. This will include the legal fee you will be required to pay to clear yourself from the trademark infringement allegations.
You May Suffer a Loss of Profits
You may have generated some profits by using a trademark that is identical or confusingly similar to a previously registered mark. In some cases, the court may find that your opponent’s case has merit. In such situations, the court may order to recover your profits resulting from the infringement.
Recommended Solutions for Trademark Infringement
Trademark agents in the UAE recommend brand owners consider the following solutions to avoid the consequences of trademark infringement:
Carry out Trademark Registration
Conducting trademark registration in the UAE is the first important step in preventing your mark from being infringed. If your business presence in international territories, it is advisable to use Madrid Protocol to gain protection worldwide. Trademark registration will enable you to legally move against an infringer.
Perform Trademark Search
Carrying out a trademark search in the UAE will help you avoid infringing an existing trademark registered by others in the pre-registration stage. You can smoothly clear your application by availing of trademark search services in the UAE. Trademark agents in the UAE can search the Official Trademark Database to see if your proposed mark matches any previously registered mark.
Avail of Trademark Watch Services
You can’t sit complacent after registering a trademark in the UAE. You need to monitor the marketplace to see if anyone is infringing upon your registered trademark. You can use trademark watch services in the UAE where trademark agents will monitor the market to identify infringing trademarks.
Keep your Trademarks Safe with Jitendra Intellectual Property
Associating with trademark agents in the UAE is crucial when it comes to protecting your trademarks from infringement. Apart from carrying out trademark registration in the UAE, you need to use services such as trademark search, trademark watch etc. to navigate the risks of trademark infringement. You can use the services of Jitendra Intellectual property (JIP) to avoid trademark infringement in the UAE at reasonable costs. JIP is one of the leading IP firms in Dubai, UAE providing the best trademark services. We can protect your brands with robust trademark services in Dubai such as trademark registration, search, trademark watch etc.