A trademark is an important asset of a business, and it should be legally protected to secure the brand value. A trademark is the brand identity of an organisation, so companies should take relevant precautions to secure it. A trademark can help to identify the goods and services associated with a brand. The diversified economy in the UAE will be useful for the growth of business. The competition in the business sector is really high, so legal protection is necessary to secure a brand. Trademark registration for a brand will provide you with legal protection, but to find out potential infringement, trademark monitoring is necessary.
What is a deceptive trademark, and how could it affect your brand?
A deceptive trademark is a mark which is confusingly similar to an existing mark, and these marks will be used by infringers to confuse customers. The misleading similarity will be based on sound, appearance, or meaning. Business should protect their brand from deceptive trademarks as it can lead to loss of sales and dilution of brand identity. According to Article 3(1) of the UAE trademark law, registration of similar or identical trademarks is prohibited.
Your competitors can use confusingly similar marks to mislead the consumer regarding the origin of goods and services; this is an act of infringement. Infringers can use deceptive, similar marks with unrelated goods and services to establish an unauthorised connection and to benefit from the reputation of the trademark. Businesses should prevent this infringement as early as possible; otherwise, it could affect brand value, which could eventually lead to the loss of business.
How to identify a deceptive or misleading trademark?
If a mark is a copy or substantially similar to an existing mark, it can be considered a deceptive trademark. A deceptive trademark will be sufficiently similar to another mark, which may confuse the customer. Likelihood of confusion plays a major role in deciding whether the trademark is deceptively similar or not. To establish trademark infringement, you need to prove the likelihood of confusion. So, you need to prove the similarities between the marks and how they can confuse your customers.
Similar goods and services
If the goods and services are similar, along with the brand name, then it will confuse the customers. This misunderstanding could affect the value of the registered trademark.
Confusingly similar Sound
If a trademark consists of a word or phrase which is confusingly similar to a registered one, then it can be considered a deceptive trademark.
Confusingly similar meaning
If a trademark has a similar meaning to that of an existing one, then the consumers will get confused, and they may link the deceptive marks to the registered one.
Trademark monitoring plays a major role in identifying deceptive trademarks, and businesses can seek the guidance of IP professionals to find out potential infringement. In this digital era, IP protection is really important, and businesses should monitor social media platforms and e-commerce sites to find out if their mark is being misused or not.
How to handle the misuse of your brand through a deceptive trademark?
You need to gather the evidence regarding the usage of a deceptive mark, check for confusing similarities and find out whether the goods and services involved are identical. Businesses can send a formal cease and desist letter to the infringer. It should have the details of the infringement, your rights, and formally demand that the unauthorised party cease using the mark. The case and desist letter could help prevent infringement and avoid the need for legal proceedings. If the infringer doesn’t respond to the cease-and-desist letter, then you can file a complaint with the UAE trademark office.
Businesses can file a civil suit asking for an injunction or compensation for the loss due to the deceptive trademark. The court will analyse the Visual. Phonetic and conceptual similarities of the mark. If the mark is proven as deceptive, then the infringer will be punished with imprisonment or a fine. Business can record their trademark with the customs, which will be helpful to identify potential infringement.
How can Jitendra Intellectual Property help businesses to secure their brand value?
A trademark is necessary to establish a strong brand identity in the UAE. Deceptively similar marks could negatively impact the growth of your brand. Jitendra Intellectual Property can help businesses with trademark monitoring and enforcement. We can secure your brand from deceptive marks through advanced trademark monitoring strategies. Additionally, we can help you with trademark enforcement by collecting the relevant evidence to prove the infringement.
