Trademark Law Infringement - Law - Intellectual Property

Trademarks provide a unique identity for a product manufactured by a particular manufacturer. According to the UK trademark act of 1994, a trademark is one which distinguishes the manufacturers of a particular product or a service from the products manufactured by other vendors, which are similar in nature. In order to own the trademark, the manufacturer should first register the trademark. Once the trademark is registered, other manufacturers, who are producing similar products, cannot use the same trademark for their product or service. If the other manufacturers make use of the brands then they are said to be getting involved in trademark infringement. The life of a trademark is usually 10 years. But after 10 years if the brand owner doesn't renew the registration, then they will lose the ownership. When a business makes use of a trademark of another's business for their commercial operations, they are said to be infringing the trademark of other business. In such cases , the original trademark owner can get an injunction by approaching the legal experts. In such a scenario, the owner of the trademark has the rights to re claim the losses they have suffered, in the form of damages. The business owning the brand also has the option of licensing the brand and selling the licenses to other prospective buyers in the market. There should be a formal written agreement between the trademark owner and the business buying one of the licenses. The business, who has bought the licenses for using the brand, has to strictly abide by the agreement signed. If they violate any particular clause in the signed agreement, then they have committed brand infringement. There are many experienced solicitors who provide valuable advice in the process of registering trademarks. They will be able to draft trademark specifications. The solicitors will be able to monitor the trademark and see to that the trademarks are not violated or infringed upon. The actual infrin gement in trademark can happen in many ways. People could use the trademark in advertising and also in packaging and counterfeiting. Trademark infringement actually creates a lot of loss to the business. Additionally, if other businesses make use of the trademark by involving in trade infringement and produce inferior products, then it will cause irreparable damage to the brand. This is also considered as a loss to the business owner. The solicitors will be able to legally guide the trademark owner in getting the damages from the business who had illegally used their trademark.

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