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Trademark 101: Trademarks are weapons against unfair competition - are the weapons strong?

Writer's picture: Amy NAmy N

Trademarks are critical tools for safeguarding your business from unfair competition. By holding a trademark, you have the legal right to prevent others from using similar signs that could confuse customers, ensuring that no one else can profit from your brand's reputation or your marketing efforts.



For example, if you've developed a distinct logo or brand name, registering it as a trademark means that competitors can't use anything too similar without risking legal action. This was evident when Adidas successfully sued other shoe manufacturers who used similar stripe patterns on their shoes. Adidas's three-stripe trademark is iconic, and the courts upheld its exclusive rights, preventing others from diluting their brand.

Moreover, trademarks aren't just about logos or names. They extend to domain names in the digital world, which is crucial in our internet-driven market. Consider the case of Google. When third parties registered domains like 'googkle.com' or 'goggle.com' to exploit typing errors for traffic, Google used trademark law to claim those domains and protect its brand integrity. This action prevents confusion and ensures that customers reach the genuine site, not a potentially malicious one.

Trademarks also play a pivotal role in blocking the import and sale of counterfeit goods. By registering your trademark with customs authorities, you can seize counterfeit products at the border, preventing them from ever reaching the market. Luxury goods manufacturers, like Louis Vuitton, actively engage with customs around the world to stop the flow of counterfeit products that mimic their trademarked designs and logos.

In sum, trademarks are not just identifiers of a business's goods or services; they are powerful legal safeguards that protect your market presence, brand identity, and customer trust against those who might seek to benefit unfairly from your established reputation.

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