The Rise of Trade Mark Infringement

Posted on Thursday February 7, 2019

Intellectual PropertyThe latest research has revealed that 8 in 10 companies were affected by trade mark infringement during 2018.

The figures, revealed by trade mark research and protection market leaders CompuMark, were obtained from a survey involving 352 trade mark specialists throughout the UK, USA, Italy, Germany and France.

The survey found that 81 per cent of companies suffered trade mark infringement in 2018. Of those 81 per cent, 40 per cent of companies had experienced between 1 to 10 cases of infringement, whilst 22 per cent experienced between 11 and 20.

The survey identified that the main consequences of the infringement included damage to brand reputation, customer confusion and reduced customer loyalty and trust. Over half of survey respondents took legal action against the infringements, and 30 per cent of brands even had to change their names.

Respondents of the survey experienced infringement in web domains, business names, social media names, industrial designs, online marketplaces and advertising campaigns.

Jeff Roy, President of CompuMark, said: “The trade mark filing landscape is quickly evolving, and trademark professionals and brands need to adapt in order to ensure they are able to effectively mitigate the risk presented by a potential infringement. The report shows that both trade mark filing activity and infringement are on the rise, highlighting the need for increased efficiency and vigilance when it comes to both researching new trade marks and protecting existing ones.”

Mr Roy also suggested that the research conducted indicates that technology needs to support trademark professionals in both the filing process and protection of trademarks.

If you have any concerns about someone using your registered or non-registered trade mark or are concerned about infringing on another person’s trademark, please get in touch with a member of Mackrell Turner Garrett’s Intellectual Property team.