Once a trademark is registered by the owners, they will have exclusive rights to use their mark in trade. Therefore, if any other party uses a design device which is markedly similar or the same in respect of their own goods and services, we can define it as infringement of that trademark. The same can be considered if a known trademark is used even for different goods and services. There are instances where sometimes it will be possible to bring an action under "passing off"‘ if another business uses a similar mark.
Each country has its own trademark laws. Any trademark to be registered needs to be registered through the applications and process based on that country's trademark laws. The relevant registry can oppose the request based on the laws under the act. Existing trademark owners can oppose the same and, in such cases, both the applicant and the opponent are given the opportunity to make written arguments, and there may also be a hearing. Applications may also be made to invalidate or revoke a trademark. There are disputes arising in situations where the question arises if a mark is still being used in trade.
Trademark infringement is notoriously difficult and potentially expensive to pursue and prove. The best way to resolve a trademark infringement case is to consult specialist legal advise in the first instance.
PowerLegal can offer you a free appraisal of your case with the potential of a No Fee No Win option.
If an initial resolution of the trademark infringement cannot be gained through a Cease and Desist letter then your principal option for a desirable outcome is through the courts.
Trademark infringements are normally resolved using the usual types of dispute resolution procedures like Arbitration, mediation and negotiation. Arbitration is where both the parties agree to appoint a third party (usually an expert in that field) confidentially, to hear their cases and make a decision. Mediation and negotiation is also similar to Arbitration however the mediator’s roles is purely to help broker a deal between the parties.
It is always advised to use professional legal help in such cases, as professional expertise and knowledge can help in resolving disputes in the right manner, saving money and time for the parties involved.