Important Business Facts to Know About an Infringement of a Trademark
Anyone who believes that imitation is the best form of flattery has not had to deal with issues surrounding an infringement of a trademark. Business entities are rightfully self-conscious about how organisations market themselves to the community and how they utilise certain products or services that are encroaching on occupied territory.
In an open and thriving capitalist system, there must always be room for healthy competition within commercial niches, but there is a line that cannot be crossed legally. If those rights are infringed upon, then the enterprise has the ability to launch legal action and ensure that their IP is protected.
Whatever side of the equation a business owner finds themselves, it is important to take note of the key facts involved in this sector, assisting personnel who want to do their due diligence before filing any claims or responding to any accusations.
There Are Different Types of Infringements in Play
It is easy to look at the concept of an infringement of a trademark and believe that they are all the one and the same case. The fact remains that these provisions can speak to a number of different case profiles. Legal specialists will be able to ascertain exactly which category they fit into given the facts that have been presented.
Some of them will emerge due to a lack of consent from a business owner. Others will take place because the name and branding is identical or strike an incredibly close resemblance. Then there are instances where the nature of the product in use is believed to have been a violation of those initial protections. In its purest sense, an infringement of a trademark can be broken down into fanciful/arbitrary, descriptive, suggestive or generic.
Filing a Trademark Opposition is an Option
There is a remedy in place for those community members who believe their trademarked brand for intellectual property of a goods or service precedes that of another potential claim by another party. There is complication in this matter when it comes to an infringement of a trademark, but members are able to file a trademark opposition in these instances. It gives them the opportunity to claim in a legal setting that the other vested interest has no right to file the word mark or device mark because the property is already certified.
Punishments for Infringements Vary
In the event that a party has been wronged by an infringement of a trademark, then they are rightfully entitled to damages. However, the nature of the ruling will differentiate from one case profile to the next. In some cases, it will simply be a matter of paying damages for lost revenue. There are situations where the business can never use the trademark in future or the entity has to cease altogether. These provisions are all stipulated under the Trade Marks Act Australia of 1995 and the Copyright Act of 1968.
Legal Counsel is Beneficial
At some stage, a business owner who believes they have been wronged by an infringement of a trademark or have been potentially guilty of a violation should seek out representation. It is an industry all unto itself, allowing constituents to connect with expert practitioners who can guide their clients through these difficult and awkward circumstances. Some of these situations will end up in a courtroom environment, but a majority will be settled out of court for the benefit of everyone involved.
Business owners are advised to keep informed about an infringement of a trademark, making them cautious about using certain imagery and products on behalf of their own brand or being notified about other enterprises and their behaviour. The sooner a resolution can be identified, the sooner that the company can go about its work to increase profits and boost customer satisfaction.