An infringement case can be established for a mark which is duly registered however; for an unregistered mark remedies like passing off/misrepresentation are available.
There are different ways in which your competitors or a third party can harm your trademark (Brand identity).
Be observant if –
It is important to maintain the authenticity of your trademark once it gets registered. Here’s how:
Quick Company’s Trademark Watch allows you to manage your trademark and know its possibilities of getting infringed. It works on a smart algorithm which shows similar or deceptive marks which match your trademark.
You can take prior action by filing an opposition for the mark (if it is in the registration process) you feel is infringing your Trademark Rights.
Also, you can file a lawsuit against the individual/company (already registered) to seek civil or criminal remedies.
For example: Make My Trip has filed a case in the Delhi High Court against 5 Companies who are said to be using a similar name for their business.
Unregistered Trademarks can also seek help through passing off in case of trademark infringement. It is a common law principle which prevents the use of similar goods or services by any person other than the registered owner of the mark.
No business/individual can represent his goods as the goods and services of another.
It is necessary to understand the degree of similarity between two marks regarding goods or services, name/logo and trademark classes.
The party filing the suit of passing off has to prove that it has attained goodwill in the marketplace for the trademark in question.
Quick Company’s Trademark Search Tool helps you to know the possible alternatives for the applied mark by displaying exact, similar or phonetic matches with identical matches from all the trademark classes.