Trademark Protection vs Trademark Bullying
Why should you know about trademark protection and trademark bullying?
A trademark is a registered mark (word, text, logo, etc.) that not only identifies the source of products and services, but also ensures the product’s quality, quantity, nature, goodwill, and other traits. Unauthorized usage must be protected since it not only infringes on the owner’s rights but also has massive negative repercussions in the majority of situations. In most cases, the infringement unfairly exploited the trademark to cause customer confusion, which resulted in monetary loss or tarnished the reputation and goodwill of the right owner, or both. The trademark is also a kind of public property because when trademark rights are misused, the public’s rights are harmed as a result of the mark’s deceit. Due to infringement, the public’s expected quality and quantity of products and services may be impeded. The trademark conveys that the owner has complete control over the type and quality of the marketed goods or services.
As a result, if the owner does not prohibit others from misusing the trademark, the public will be deprived of the most effective protection against being misled by illegal and misused trademarks.
Trademark bullying:
The term “trademark” is defined by the United States Patent and Trademark Office (“USPTO”) in its most recent report to Congress. In other words, trademark trolling is vexatious conduct by the owner of a trademark or the use of trademark rights in such a way as to harass or frighten the other’s business. These actions go beyond the bounds of the law’s reasonable protection of rights. The legislation preserves trademark rights and aims to give exclusive property rights and monopoly to collective goodwill protection. It prevents the selling of counterfeit or duplicate items in the personification of another’s brand for comparable products/services. When a trademark owner goes beyond their legal ability to preserve their mark, this is known as “Trademark Bullying.” Trademark bullying is vexatious conduct of overstepping the line of capacity and monopoly by threatening or attempting to threaten legal action against anybody without any reasonable or legal reasons.
What can be done if you are facing trademark bullying?
The Cease and Desist legal notice is delivered to warn the offender and demand that they stop harming others. In the event of non-compliance with the demand or the warning of legal notice, legal action may be taken. “When a person threatens another person with an action or proceeding for infringement of a trademark registered/alleged to be registered using circulars, advertisements, or otherwise, the person aggrieved may bring a suit against the former and obtain a declaration to the extent that such threats are unjustified,” according to Section 142. As a result, if an offended party is threatened with legal action for an unjustified cause, the aggrieved party may file a lawsuit to seek a certification that the threat is unjustified.
The purpose of this article is to offer a broad overview of the subject. Professional help is to be sought about your specific circumstances.
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Suggested Reading: Trademark registration: 6 things you need to know about it
