You know that you have the right to own property and that should never be taken away from you. A trademark is a property in itself and no one should take that away from you. Trademark infringement has become quite common in the US marketplace. You go to the store to buy something and you find that it has your trademark on it. It is just like seeing your name used on a product and you did not give your consent. You cannot afford to let it go because it is a violation that needs to be corrected. Trademark violation can happen both on physical products and online without your consent but you should not accept it. This article will help you deal with this if you are in the same situation. The following are factors to consider if you are a victim of trademark violation.
The very first thing to do if you feel that your trademark rights have been infringed upon is learning more about your rights. Because you don’t want to jump into conclusions uninformed, you should get as much information about it as possible. Find all the material available with this information and read thoroughly so that you know what you are getting into. It is important that you are cork sure about this before you do anything. When you are very sure that this has happened, you can now begin the process of having it corrected.
Before anything, you need to determine if your trademark is in use. It needs to be actively in use if you are going to accuse someone of infringement. You might find that someone took your trademark because they thought you don’t use it anymore. Because you have not used it in a long time, they might just assume that you won’t notice.
You should know that you will need legal advice if you are going to pursue this. When you are dealing with any kind of business issues, it is important to seek legal advice. This will mean finding a business or property lawyer who will take this on. They have knowledge about this and will help you pursue the case. Don’t feel like you are wasting money by hiring a lawyer. Your lawyer will either go for legal action or advice you to first negotiate with the other party.
The first thing you can go for would be a cease-and-desist order. This is much cheaper than taking them to court and battling it out. When you send them a letter asking them to stop using the trademark you might be surprised to find that they are genuinely unaware that the trademark existed and would comply.
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