What if someone has a similar word trademark?

 A trademark is a unique symbol that represents a brand and its value in the market. It also makes the customer understand what type of work, product, or services they are doing in the Marketplace. But they are chances when you may face conflicts like what if someone has a similar word trademark.

Therefore, it is advisable to do trademark registration online as soon as you decide on a company name and finalize

the logo or the mark of your company.

 

How to identify similar trademarks,  

Firstly, we need to understand what similar trademarks are.

Similar trademarks are exact copies of an already existing trademark.

According to the Trademark act 1999, to register TM under the trademark Ministry, it should be unique in itself from another. 

You can not copy someone's trademark as mentioned under rules.

That means a mark that resembles another business mark that is already in existence. There is more probability of confusion, misuse, fraud, and cheating with customer's satisfaction and trust.

In such a manner, that can also destroy the goodwill of a brand and its reputation in the market.

 

Elements to identify similar or identical trademark

For identification Examiner use the following points to check resemblance:

 Structural comparability

 Visual comparability

 Phonetic comparability

 The perspective of goods and services

 

If someone has a similar word trademark

According to the trademark act 1999, a trademark can not get registered if it is similar or identical to registered trademarks.

The similarity in product services they are selling in the market creates confusion among consumers.

Below are some guidelines for trademark registration:

As described in section 11 of the trademark act 1999, the trademark cannot register if it is identical to the pre-registered trademark. Above all, the goods and services covered by the mark are the same or confuse the public.

A famous trademark cannot be registered for any other services, even if you provide different goods and services from the original. 

The use of the mark without cause means to take unfair advantage and may damage the character of a reputed trademark.

Trademark shall not register if it's disrupting any law of passing off protecting an unregistered trademark used in the course of trade or disrupting any copyright law.

Trademark shall not refuse registration until and unless anyone raises any objection.

 

For example,

If the other company is the first to use the registered trademark, you have to stop using that trademark as soon as possible in that case, they might ask you for damage recovery.

If you are the one who starts using a particular trademark first but, not able to register it in time, you will be likely to use it continuously. But you can't expand your business with this trademark in the market for more growth.

In some rare cases, if both companies start operations at the same time under the same name. Then the trademark is registered with the same name. To solve these circumstances, they require a lawsuit or negotiation with the other party.

Trademark registration protects you from any legal conflicts and removes the chances of any infringements.