Trade marks are vital for brand protection as they provide a business with a distinctive identifier. Although many businesses think that registering trade marks is enough, in reality, ongoing vigilance is required to guard against potential infringement. Here are some quick tips to improve your ability to spot trade mark infringement:

1.         Look at the visuals

Have you ever done a double take on a product? For instance, if you see “iTea” it might be treading too close to the trade mark “iTee”. Trade marks act as visual representatives of brands, so when you notice a new product with a name that is seems familiar to a known one, it is like seeing a doppelganger. It is important to look at the overlapping colors, shapes or distinctive elements. If it is triggering a déjà vu, you might need to look into possible trade mark infringement.

2.         Listen for sound-alikes

Think about your favorite beverage shop, “Java Hive” getting a new neighbor called “Java Jive”. Coincidence? Maybe. However, in the world of trade marks, phonetic similarity can cause significant problems. Trust what you hear, if it sounds too similar, it might be time to look into possible trade mark infringement.

3.         Consider the setting

Trade mark infringement is not just about the products themselves; it is also about where and how people use them. Context matters, so if something seems odd or out of place, it might be worth investigating further.

4.         Check Online

In the digital age, businesses thrive on online platforms. Keep an eye on the hashtags and trending topics linked to your brand. Internet searches can also uncover individuals selling infringing products through marketplaces or running social media accounts under your trade mark. If you notice an imposter account or branding that looks too similar online, it may be prudent to take action promptly.

5.         Dive into the trade mark databases

It is important to conduct an analysis of the trade mark databases to pin point new applications similar to your trade mark. Spotting new trade mark applications at the very beginning enables brand owners nip potential infringements at the bud. An application for a similar trade mark by another entity, could signify potential infringement.

Conclusion

Consulting a trade mark professional to assist a brand owner understand these tips and many more not covered here will assist a business in navigating the brand protection journey with confidence.

Please contact us at Info@cfllegal.com should you require further information.