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Trademark disputes? Is your trademark distinctive enough from others?

A trademark that is unique is easily attributable to the company branding. It is one way to build customer loyalty to the business.  Is your trademark distinctive enough from others? If it is not and it is challenged by another organisation, this can result in a very costly trademark dispute. It is wise to trademark your brand using professionals with expertise in this area in order to avoid unnecessary costs if you are challenged by another party. This is a dispute demonstrating what could happen if a trademark infringement arises.

Total Limited v YouView TV Limited.

The central question in Total Limited v YouView TV Limited was whether YOUR VIEW could be registered as a mark. In this case, Total Limited provided telecommunication goods and services. As a result, Total Limited registered YOUR VIEW as a mark. At the same time, YouView TV Limited had previously attempted to register YOUR VIEW as a mark, but Total Limited has contested the registration successfully. Nonetheless, YouView had continued using the mark in its business of providing internet and cable television services.

According to Total Limited, YouView was violating its mark by using YOUR VIEW. Conversely, YouView argued that YOUR VIEW was not distinctive. Thus, it was not a valid registration. In rejecting YouView’s argument, the court observed that the marks were confusingly similar. Also, the two companies operated in the same sector thus consumers were highly likely to confuse the marks. As a result, the court concluded that the mark was distinctive enough thus YouView TV Limited was infringing Total Limited’s trademark.

Nowadays, it is very easy to create a logo and more often than not inexpensive to do.  However, in order to be registered as intellectual property it must not infringe on the rights of another brand in your industry. It is helpful to study what is required for your trademark to be distinctive according to the legislation.  The important question for your will always be, “Is your trademark distinct enough from another brand to avoid confusion.

What can be done to avoid a trademark infringement?
You don’t want your trademark to cause confusion to the customer or client about whose products or services they are using. It is much better to draft a design, visit the registered trademarks or search domain names for similar designs.  Then consult a trademark lawyer to investigate your trademark and verify that it is unique in your industry.

Finest Law

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