In brief

Q. I recently discovered that a firm with a similar name to mine exists. Is it possible for me to pursue legal action against them?

A. Yes, you can sue the corporation for trademark infringement since the unauthorised use of a registered mark as part of a trade or company name could be grounds for a lawsuit. This is due to the fact that once your trademark is registered, you now enjoy exclusive and exclusive ownership of it.

What constitutes an infringement of a trademark? 

Q. Ok what if the other party argues that their organisation is not entirely similar to yours? 

A. It didn’t matter if the infringing mark was in capital or lowercase as long as the name was likely to cause confusion, and there shouldn’t be a microscopic examination of the minute differences between the competing names in determining the possibility of misunderstanding.

Whether the defendants committed the tort of passing off the plaintiff’s products as their own?