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Steps To Take As A Victim Of Trademark Violation
You have the right to own property and no one should take away that right. 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. You go to the store to buy something and you find that it has your trademark on it. 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 not something you should let go off easily, you need to report it and have it corrected. Trademark violation can happen both on physical products and online without your consent but you should not accept it. If you are dealing with trademark infringement, you are in the right place. The following are factors to consider if you are a victim of trademark violation.
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. Before you make any rash moves, confirm that your rights have been infringed and find out what you should do about it. Now that you have all the information and are sure about this, you can now take steps to have this looked into.
It is also important to consider if your trademark is active before doing anything else. It needs to be actively in use if you are going to accuse someone of infringement. Some people might take your trademark just because they didn’t know it existed or didn’t think it was still in use. 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.
You should know that you will need legal advice if you are going to pursue this. 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. It might be expensive but it is going to be worth it at the end. The two options you have would be to negotiate with the infringer or take legal action.
First of all, send a cease-and-desist order to the infringer. Going to court to battle is more expensive and the cease-and-desist order might be a better choice. 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.