Trademark Infringement Abroad: What Can You Do?

Your trademark is an important part of your business’s intellectual property, whether you’re a budding entrepreneur or building an empire. The names, logos, and slogans associated with your output lead to lasting brand recognition and, with careful use, a positive reputation. That’s why it’s so distressing when third parties use your trademarks — especially when they’re doing it overseas. They could be stealing business away from you but also operating in a way that doesn’t align with your values.

Read on to learn more about handling international trademark infringement and what you can do to prevent it.

Why International Trademark Infringement Can Be Complicated

When you register a trademark, you usually register it in your own country by default. Exceptions to this include if you’re already operating in other countries or plan to expand your operations to an international market. You may also have been advised by a trademark specialist to invest in overseas trademark protection to prevent cases of international infringement.

The reason it can be critical to register your trademark in other locations is down to the differences in trademark law. In the United States, you could claim a “common law” trademark by simply using your name or slogan for business purposes. If you can prove you were the first to use your trademark, you may have the rights to it regardless of registration status. This is known as the “first to use” basis.

However, in many other countries, this isn’t the case. Other locations utilize a “first to file” approach, which means that the first entity to register their trademark has the legal right to use it. That applies even if someone else was using it first. Failing to register your trademark in countries like China, Japan, and much of the EU could leave you open to trademark infringement cases where you don’t have any enforcement rights.

Invest in Trusted Trademark Infringement Monitoring Services

Of course, the best way to prevent this from happening is to ensure you register your copyrights in as many countries as possible. Imitators then have to think twice about copying your registered trademarks as it could mean serious legal ramifications for them.

But how do you even know if someone has stolen or misused your trademark? After all, if the infringement is occurring overseas, it may take time for the impact to reach your organization. Thankfully, there are professional trademark infringement monitoring services that you can invest in. These experts routinely monitor for unauthorized use of your trademarks and alert you as soon as an infringement occurs. You stay informed and can quickly take action as necessary.

Seek Legal Advice

That action will largely depend on the scale of the infringement and the impact it’s had on your organization or you as an individual. It’s wise to invest in expert legal services for defending and enforcing your trademark, for example, via a trademark registration service that also offers access to trademark attorneys.

Where someone is found to be guilty of trademark infringement, they may have to pay fines, including reparations to you or your company if they’re found to have impacted you financially. Other outcomes include:

• An injunction against the relevant parties using the trademarks
• Seizure and/or destruction of illegally trademarked goods
• Publication of the result of the trademark infringement case — which is usually damaging to the parties who took part in the infringement

Many trademark cases are settled out of court to avoid the potential consequences of that last point. In fact, most parties who have misused a trademark will be willing to cease and desist without too much resistance once they realize they’re in the wrong. Failing to do so can lead to them losing money, reputation, and even going out of business.

Protecting Your Trademarks Around the World

Remember, just because you used a name first doesn’t automatically mean it’s classed as a trademark everywhere in the world. Invest in trademark registration and protection internationally to ensure your trademarks belong to you and you alone — no matter where in the world you need to operate.