A trademark is the identity of a business, and it has significant value. Trademark infringement undermines a business’s integrity, which is why companies should identify it as early as possible. The misuse of a registered mark is called trademark infringement. If an unauthorised person uses a mark which is identical or has deceptive similarity with a registered mark, then it is trademark infringement. Businesses may have a unique symbol, logo, or phrase as a trademark, and they may have invested a lot to promote their brand and to maintain the value of the mark, so it should be protected.
Importance of identifying Trademark infringement:
A trademark helps the public to determine the source of goods and services. Trademark registration is the first step to protecting a brand. Many business owners think that trademark registration will secure their brand from infringement. A registered trademark will offer you exclusive rights in the UAE, and you can also take legal action against anyone who misuses your mark. It is the responsibility of a trademark owner to identify infringement and to stop it as early as possible before it affects the brand. Regular monitoring of the trademark is necessary to find out the infringement in the early stage and prevent it before it can cause any damage to your brand.
By identifying and taking enforcement action against the infringement, you can protect the brand reputation and also prevent consumer confusion. You can establish trademark infringement if you can prove that a trademark has the potential to confuse customers. So you need to gather relevant evidence of the infringement to create a strong base in the legal proceeding.
How to determine Trademark infringement?
In this competitive business world, trademark infringement is a major problem that businesses should deal with. Competitors may use similar logos or slogans to confuse customers. Trademark infringement should be resolved as early as possible; otherwise, it can lead to costly lawsuits.
Deceptively similar marks
Competitors can use a name, slogan, or logo which is similar to yours. Businesses should check the phonetic and visual similarities, and for this, you need to seek guidance from professionals. For instance, if your brand is “Why Green” and your competitor launches a brand “Y Green”, then it can cause customer confusion. Companies should consistently monitor for trademark infringement to maintain the value of the mark.
Drop in sales
A sudden drop in sales can happen due to trademark infringement. If your customers see a similar mark in the market for related goods and services, then they will get confused, which could affect your business.
Monitor the official gazette
In the UAE, a trademark application which is accepted by the registrar will be published in the official gazette. It is the trademark journal of the UAE, and it will be published online by the Ministry of Economy. Companies can monitor the publication to identify potential infringement and can prevent the registration through opposition. While opposing a trademark, the business should be able to prove infringement by providing the necessary evidence.
Online infringement of trademark
Businesses and the public are now using online platforms to sell and buy products. There was a significant rise in infringement in digital media due to online marketing, as the digital content can be easily modified and shared. We can see unauthorised use of logos and symbols on online platforms, which will affect the growth of the business. Competitors may use similar web domains or websites with your trademark to confuse customers. Online infringement can reduce the website traffic of a business, so the business needs to monitor online platforms consistently to identify trademark infringement.
Loss of revenue
Trademark infringement can lead to loss of revenue for a business. If your competitors use a similar mark to sell their products, then your customers will get confused, which could affect the financial stability of your business.
How to prevent Trademark infringement in the UAE?
Businesses should choose a unique trademark to represent their brand. Competitors may not use a highly unique mark. Trademark monitoring is necessary to prevent infringement, and for this business should have a monitoring service in place. Jitendra Intellectual Property is the major IP service provider in the UAE. Business should gather relevant evidence to prove trademark infringement, and for this, they need to get advice from trademark infringement lawyers. Additionally, we provide trademark monitoring service, which will be useful to identify potential infringement at an early stage. If you need help with infringement issues, then Jitendra Intellectual Property is the right choice.
