Trademarks are important assets for businesses as they help to distinguish their products or services from those of their competitors. However, there may be instances where a trademark application is objected by the Trademark Office or where a trademark is infringed by a third party. In this article, we will discuss the key differences and similarities between trademark objection and trademark infringement.
Trademark Objection
Trademark objection is a situation where the Trademark Office raises an objection to a trademark application. The following are some of the reasons for trademark objection:
- Similarity with Existing Trademarks: If the proposed trademark is similar to an existing trademark, the Trademark Office may object to the trademark application.
- Descriptive or Generic Trademarks: Trademarks that are descriptive or generic in nature may also be objected by the Trademark Office.
- Deceptive or Misleading Trademarks: Trademarks that are deceptive or misleading in nature may be objected by the Trademark Office.
- Prohibited Trademarks: Trademarks that are prohibited under the Trademark Act, such as trademarks that are likely to hurt religious sentiments, may be objected by the Trademark Office.
Trademark Infringement
Trademark infringement occurs when a third party uses a trademark that is identical or similar to a registered trademark without the permission of the owner of the trademark. The following are some of the instances where trademark infringement may occur:
- Use of Similar Trademarks: If a third party uses a trademark that is similar to a registered trademark, it may amount to trademark infringement.
- Use of Identical Trademarks: If a third party uses a trademark that is identical to a registered trademark, it may amount to trademark infringement.
- Use of Deceptively Similar Trademarks: If a third party uses a trademark that is deceptively similar to a registered trademark, it may amount to trademark infringement.
- Use of Trademarks in Different Classes: If a third party uses a trademark that is registered in a different class, it may still amount to trademark infringement if the use of the trademark is likely to cause confusion among consumers.
Key Differences between Trademark Objection and Trademark Infringement
The following are the key differences between trademark objection and trademark infringement:
- Party Involved: Trademark objection is a situation where the Trademark Office raises an objection to a trademark application, while trademark infringement involves a third party using a trademark without the permission of the owner of the trademark.
- Nature of Objection/Infringement: Trademark objection relates to the registration of a trademark, while trademark infringement relates to the use of a trademark.
- Consequences: If a trademark application is objected by the Trademark Office, the applicant has the opportunity to respond to the objection and rectify the application. However, if a trademark is infringed, the owner of the trademark can take legal action against the infringing party and seek damages.
- Burden of Proof: In the case of trademark objection, the burden of proof lies with the applicant to demonstrate that the trademark is registrable. In the case of trademark infringement, the burden of proof lies with the owner of the trademark to demonstrate that the trademark has been infringed.
Key Similarities between Trademark Objection and Trademark Infringement
The following are the key similarities between trademark objection and trademark infringement:
- Similarity of Trademarks: Both trademark objection and trademark infringement may arise due to the similarity of trademarks.
- Legal Action: In both cases, legal action may be required to resolve the issue.
- Protection of Trademarks: Both trademark objection and trademark infringement involve the protection of trademarks.
Conclusion
Trademark objection and trademark infringement are two important aspects of trademark law. Trademark objection relates to the registration of a trademark, while trademark infringement relates to the