Trademark infringement occurs when someone uses your registered trademark without your authorisation.
This involves using an identical or similar mark for related goods or services, causing confusion among the public. Trademark infringement is a serious offence under the Trade Marks Act in Singapore, and can lead to hefty penalties, including fines of up to $100,000 and imprisonment for up to 5 years.
What Should You Do?
If you find unauthorised usage of your trademark, you should seek to resolve the issue as soon as possible. Extended inaction could be regarded as consent for its use. Here’s what you should do to protect your brand and business:
1. Gathering Evidence
It is important to collect clear, compelling evidence of the unauthorised use. Your goal is to clearly demonstrate how the other party ‘s actions are harming your brand.
You can collect evidence of the following:
- Similarities: Highlight how the offender’s mark is similar to your trademark.
- Confusion in Public: Show how their goods or services can be confused with yours
- Usage & Intent: Find out how the offender has been advertising their goods or services and if possible, find out if they have any ill intent for the clash with your mark.
To gather evidence, you could consider the following methods:
- Taking pictures, videos or screenshots of the infringing mark
- Collecting marketing materials that use the offender’s mark
- Conducting market surveys to demonstrate confusion
- Hiring a private investigator for a detailed report
2. Consult an Intellectual Property Professional
Engaging a professional can be highly beneficial to you, saving priceless time and effort.
A professional can help by:
- Assessing whether infringement has occurred
- Evaluate the evidence collected to ensure it is comprehensive and organised enough, before advising legal actions to take
- Preparing all necessary documentation to build a strong case
Letting a professional handle the technical and legal aspects not only save you time but also ensures that your rights are full protected.
3. Issue A Cease and Desist or Letter of Demand
Once your lawyer has reviewed the case, they will be able to issue a cease and desist letter or letter of demand to the offender. By doing so, the offender is asked to stop infringement immediately or face further legal action. You can also demand compensation for any financial losses caused by their actions.
Protect Your Brand with Swift Action
Trademark infringement is more than just a legal issue, it is like an attack on your brand identity. By acting decisively, you can minimise the damage and maintain your business’s reputation.
Consulting an IP professional can make the process smoother and take this daunting task off your plate. If you are facing issues like trademark infringement, contact us today for guidance and solutions.