How can I avoid trademark infringement?

Avoiding a trademark infringement from occurring is crucial to building up trust in the market. There have been instances where brands have unknowingly infringed on other brands due to a variety of reasons. The best way to avoid infringements is to compare the trademark, study related products and services, checking the strength of the mark and learning from the existing confusion among consumers, all of which we have briefly covered in this article to help you avoid infringing upon an already existing mark.

Trademark registration services in Vietnam

To avoid trademark infringement, the company needs to work on the following before carrying forward the process of trademark registration or usage in the market.

1. Comparing the Trademark:

There should be a thorough research of the trademark that is decided to be used to avoid confusion or clash with other existing marks.

The Trademark database should be well researched and if similar marks are found, then one needs to analyze the features that can cause infringement like appearance, sound, concept, etc.

2. Study related products and services:

Herein, the comparison of actual product and services are done and not the class number of registration to find out the identical features that might lead to infringement.

3. Check Strength of the Mark:

This is another factor that determines the level of strength of the trademark which varies from generic, suggestive to arbitrary.

The lesser is the strength; it is more likely to be infringed.

4. Learn the existing confusion among consumers:

At times, you will see people calling up a wrong company for a similar product, it is then, that you need to realize that the trademark is directing to confusion and misguiding the consumers.

This might lead to infringement, and to avoid that, precautions are to be taken to curb such events or situations.

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