Can Weak Trademark Could Be A Concern For your Business

 

An intellectual property (IP) that safeguards the reputation of your company is a trademark. You are granted the only right to use a trademark in your industry when you register it. There could be several repercussions if you don’t secure the intellectual property associated with your brand or with another company. You could, for instance, run the risk of financial or reputational harm. This article will guide you through some conceivably hazardous situations that could result from “weak trademark” use or from neglecting brand protection for businesses.

A distinctive trademark is one that is strong and unusual. As a result of the trademark’s little likelihood of causing consumer confusion. when you apply for a trademark, The more distinctive your trademark is, the less likely it is that your application for trademark registration will be denied. Because its very nature reveals how it differs from all others, a strong trademark also has a minimal possibility of being legitimately stolen or utilised by a third party.

A weak trademark, according to IP Australia, is one that is “descriptive” and has already been used by others to describe their products or services. A poor trademark’s generic nature makes it “difficult and expensive to try to control and protect.”

What Harms Might Be Irreparable?

Lost sales are a traditional type of damage that can be compensated financially. As a result, they are useless in obtaining a preliminary injunction unless the amount of such lost sales is substantially unknown, which is less likely to be the case if the defendant’s misleading items compete with and so replace the plaintiff’s purchases. When the plaintiff’s products are in direct competition with those of the defendant, lost sales are also more likely to occur since customers can easily swap one for the other, supporting the plaintiff’s claim of injury. However, over the course of the twentieth century, trademark law was expanded to protect non-competing items, which typically don’t directly result in lost sales.

If you ask trademarking lawyers, they say “A brand could either be strong or weak. Seeing the symbolism and text of the trademark may prompt the identification of a brand if it has a strong positive meaning”.

As a result, the trademark, which denotes the brand, is frequently mistaken with the brand, which is the reputation of a product and its producer. In reality, the manufacturer wants consumers to become confused in this way.

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