Trademark infringement occurs when using in commercial activity a sign identical or similar to a protected trademark, in a way that may:
It is not only about copying “one to one”. In practice, the most common disputes concern similar signs, which:
Are they infringing your trademark? Write to us, we will help: kancelaria@jarzynka.eu
Not every similarity constitutes a trademark infringement. In order to speak of a real problem, the following elements usually have to occur together:
Before taking any action against a competitor, it is essential to secure evidence that proves the actual infringement of the trademark. In practice, this means:
The evidence should clearly show:
This is a stage that is often underestimated, but later turns out to be crucial in a dispute.
An infringement is always assessed in the context of the scope of protection of the trademark. It is worth checking:
A common problem is the belief that registering a trademark “protects everything”. In reality, the protection applies within the limits of the registered classes and the form of the mark. What is an obvious infringement in one situation may be legally neutral in another.
Before sending any letter, it is worth answering a few questions:
Not every case requires immediate court action. Very often, a well-chosen reaction at an early stage allows you to solve the problem without publicity and costs.
Are they infringing on your trademark? Write to us, we will help: kancelaria@jarzynka.eu
Most often, the first formal step is a cease and desist letter. Such a letter:
A well-prepared letter:
An overly aggressive or imprecise letter may have the opposite effect of what is intended.
If the request remains unanswered or the competitor refuses to change the designation, further steps are possible:
Not every case should end in court, but a lack of response often weakens the protection of the trademark in the long run.
One of the most common mistakes is tolerating infringements “because it’s a small company” or “it doesn’t hurt for now.” In practice:
From a legal point of view, a lack of response is often interpreted as acceptance of a particular state of affairs, which in the future works to the disadvantage of the trademark owner.
Many infringements can be detected at a very early stage, provided that the trademark is monitored. Monitoring includes, among other things:
Early reaction:
This is an element of protection that often determines the effectiveness of the entire strategy.
Trademark infringement is not only copying a logo, but any use of a mark that may mislead consumers. The similarity, market context and scope of trademark protection are of key importance. The most important thing is a phased and conscious approach – from gathering evidence, through assessing the situation, to an adequate reaction. Too rapid escalation can be as detrimental as a complete lack of reaction.
A trademark only works when it is actually enforced, and a consistent approach to infringements allows its value and differentiating function to be maintained in the long term.
Are they infringing your trademark? Contact us, we will help: kancelaria@jarzynka.eu
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