What is a Trademark?

A trademark is a word, phrase, symbol, or design, or a combination thereof, that serves to identify and differentiate the source of goods from one party compared to others.

In essence, a trademark not only signifies the origin but also ensures a certain level of quality.

Trademarks can encompass words (e.g., Xerox), letters (e.g., W for Walkman), numbers (e.g., 3M), designs like logos, and even product shapes such as the iconic Coca-Cola bottles.

What is meant by Trademark Infringement?

Trademark infringement is the unlawful utilization of a trademark without authorization. It arises when an individual or entity employs a trademark without the consent of its owner, potentially leading to customer confusion regarding the origin, sponsorship, or affiliation of products or services.

Trademark infringement constitutes a breach of the law, constituting unfair competition. Consequently, it falls within the purview of criminal law, given that businesses can endure significant losses due to such infringements. A trademark owner retains the right to seek damages and other remedies if they discover any party infringing upon their trademark rights or causing them to suffer financial losses through such actions.

Trademark infringement constitutes a breach of the trademark owner’s rights to prevent others from using identical or similar marks on identical or similar goods. It represents a type of intellectual property infringement, arising when one party utilizes a trademark owned by another in a manner likely to confuse consumers. As a result, consumers may erroneously believe that the unauthorized product or service is manufactured by, sponsored by, or otherwise associated with the trademark owner.