Why are Trademark Investigation Services a Necessity for Businesses Today?

A Business registers for its Trademark or brand logo with the Registrar of Trademarks (RoT). This Trademark becomes the Business’s trading symbol, iconizing its products and services into a mascot or an image. The registered Trademark is labelled on the products and services of the company to identify them with the Brand. After the Business registers its Trademark, it can stamp its products under the registered brand logo.

Secure your Trademark post-registration

Many are unaware that the company has to secure its Trademark even after the Trademark Registration, during its utility. A company works very hard to build its Brand in the market. Therefore, the Trademark is the pictorial representation of its Brand. But you are also at risk of someone using your hard-earned reputation in the market as a Trademark. They can use the lookalike to sell their defective products and degrade your brand value. Worst of all, you might even lose your customers. So, you must maintain constant vigilance for your Trademark to secure it from theft and plagiarism. Therefore, he comes to the need for Trademark Investigation. 

Trademark Investigation

A Trademark Investigation is carried out if a company is accused or suspected by the Trademark Owner of counterfeiting its Trademark. A Company can avail of all kinds of Trademark Investigation services if it is sceptical of an entity, individual, or Business that is or can attempt to infringe its registered Trademark.

Types of Trademark Investigation Services

There are broadly three types of Trademark Investigation Services available in the market discussed below:

Trademark In-Use Investigation

The ownership of a trademark depends on its usage. But if a trademark owner fails to use its brand logo, it can result in trademark forfeiture. Therefore, the new owner can subscribe to trademark investigation services to save itself from potential lawsuits.

Trademark Infringement Investigation

Suppose a trademark of close similarity with your registered Trademark is in the international market. In that case, the trademark owner can avail of trademark infringement services to know the complete details of the infringer, such as:

• Registration with the RoT
• Area of Services
• Area of Applicability
• Year of Establishment
• Trademark Similarity Levels

The plaintiff can file an infringement case against the accused infringer party by furnishing these details and consulting an expert.

Counterfeit Investigation

If there is a presence of counterfeit goods in the market of a reputed brand, then the Brand can avail of Counterfeit Investigation Services. The trademark owner can use the services to discover the accused counterfeiter firm. The Firm can also collect evidence against the infringers to file an infringement case in a court of law.

How can you avail of Trademark Investigation services in India?

Any Company with a registered trademark can avail of Trademark Investigation services. Also, the applicant company must be clear on the service it wants to use with the Trademark Investigation Service provider.

Details of Potential Infringer(s)

If you are apprehensive of someone, then you must provide the details of the trademark infringers or potential infringers to the investigator, from whom the risk of trademark counterfeiting is high. Also, you must offer a list of potential defaulters to the investigating entity.

Investigation post-Infringement

If the Infringement has already been committed, then the registered trademark company must swiftly act upon it and avail of trademark investigation services from a reputed Investigation service provider before the infringed products damage the reputation of a well-established and reputed brand.

Choosing the best Trademark Investigator

The applicant must look for the best bet among all the existing trademark investigation service providers. They must assess the presence and reputation of these ISPs in the market and the corresponding service charges. Through this analysis, the registered trademark owner can make an informed choice about the essential service.

Trademark Investigative Services: Procedure

We have enlisted the procedural steps for availing the investigation services in India in the following points:

1. Firstly, choose the type of trademark investigation.
2. Then, collect the requisite documents.
3. Also, provide the investigator with the documents.
4. Finally, they will initiate the process of trademark investigation.

As for the requisite documentation, no such special documents are required for opting for trademark investigation services. However, it would help if you conveyed your authenticity to the investigation service provider.

It would also help if you connected with your trademark investigation service provider, and then they will guide you through the process. 

Author: Dushyant Sharma

Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.