Steps To Take As A Victim Of Trademark Violation
It is your right as a US citizen to own property and this should not be taken away from you. Taking away your trademark or using it is a violation of rights that should not be taken lightly. The sad truth is that many people infringe on trademarks in the US marketplace. Buying something from the store that has your trademark on it and you did not give permission for that can be hard to take. It is a violation of rights because you can see your brand trademarks used on a product and you did not give consent. This is a violation that you need to report and have it sorted out. It doesn’t have to be on a physical product, it can also be online. If you are dealing with trademark infringement, you are in the right place. Here is what you need to do if your trademark rights have been violated.
Before you get too excited and jump right into it, it is important that you know exactly what your trademark rights are. 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. You have to know for sure if there has been trademark infringement or not before making any move. You are now ready to make corrections and have your trademark returned to you.
It is also important to consider if your trademark is active before doing anything else. It will be much easier to accuse someone of infringement when your trademark is actually in use. If the trademark has not been active, someone might assume that it is no longer in use and so they take it. The fact that your trademark is not active might be a reason they’ll use to say that they didn’t think you would notice.
Now, when you are sure you want to pursue this, you will need legal advice. Anything that has to do with your business, you need to seek legal advice. Find yourself a business or property attorney to help you with this. They have knowledge about this and will help you pursue the case. Even though it will cost you a lot of money, it is going to be worth it. The two options you have would be to negotiate with the infringer or take legal action.
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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