Written by Jan Buza
Co-founder of Trama
To answer this question precisely, we would first have to know the nature of the copying. For example, posting similar content on social media wouldn't be enough. However, a change to the logo or the visual presentation of the actual product/service to resemble yours is something a trademark could help with.
The purpose of a trademark is to protect a brand's intellectual property to prevent consumer confusion in the market, so a good question to ask is - do you believe your competition is creating such confusion by the copying you've witnessed?
Nevertheless, even if you conclude a trademark wouldn't help you in this case, we would still recommend registering it to prevent infringement from other parties in the future. A registered trademark would, for example, allow you to send a cease and desist letter asking the competition to stop using the infringing elements/brand.
If I receive an office action, can I still save my trademark?
If my trademark application gets dismissed, do I lose the fee?
What is the price of an additional trademark class in Japan?
If my trademark is rejected for consisting merely of a surname, can I do anything?
Does the cost of trademark registration depend on the number of classes?
Is there any additional fee not accounted for in the final price for trademark registration?
What is the difference between the ™ symbol and the ℠ symbol?
What are the 4 main types of intellectual property protection?
What makes a brand eligible to be registered as a trademark?
I have several variations of my logo. Which one should I register?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
