A Trademark Infringement is an obvious violation of the legitimate and exclusive rights of the original trademark owner, committed without proper authorization by it formally or any of its licensees, to the extent specified. The trademark infringement cases have become commonplace now-a-days, owing to intense business competition at every stage, within the regional, national, and international levels everywhere. In general, the most common trademark infringement cases involve the unauthorized uses of diverse confusingly similar or identical markings to the original trademark by the infringers, for promoting their own products/services, usually in the same areas of business.
The genuine and original owner of the trademark registered; do possess the exclusive rights to commence formal and drastic legal proceedings against such trademark infringements. Global Jurix one of the world-famous full-fledged legal firms of India, provides ingenious and rigorous legal services against trademark infringement in India, and all other countries of all across the globe.
Trademark Infringement Elements and Services
In order to prove clearly and concretely any trademark infringement case, the original and legitimate owner of the specified trade mark must conspicuously and indubitably show that, there exists a huge and natural likelihood of confusion, between his/her genuine trademark and the trademark used by the alleged company.The most accredited and popular trademark infringement elements for measuring and arbitrating the Likelihood of Confusion the world over, are the following:
- Similarity in Overall Impression caused by both the trademarks: ---- The Sight or Appearance, Spelling (or slight alterations or manipulations in this), Pronunciation, usual or underlying Meaning, and overall Commercial Impression, etc., of the trade-marking elements, related especially to similar products/services, or the same sphere of service. For instance, a beverage company cannot use the trademark designed as "Koka Kola", although its spelling is different from the famous "Cola-Cola" trademark.
- Similarity and Relatedness of the products or services of both the companies, or the sphere of commercial activities
- Prominence, Popularity, and Convincing Strength of the Plaintiff's trademark
- Practical and Real Evidences of confusion by consumers
- Misleading and immoral mercenary Intents of the Defendant behind selecting the alleged mark(s)
- Marketing Channels and Policies
- Usual and Common Sophistication and Intelligence exercised by the main purchasers: --- The more sophisticated and knowledgeable the purchasers, the lesser the chances of confusion by similar or identical marks