5 Takeaways That I Learned About
Factors To Consider As A Victim Of Trademark Violation
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. The fact of the matter is that there have been very many cases in the US where trademarks have been infringed upon. When you buy something at the store and find that it has your trademark on it, it must be painful to take in. 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. If you have found yourself in this situation, you are in the right place. Here are steps to take as a victim of trademark violation.
Before going any further on your quest, you need to know all there is about your trademark 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. 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 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. Any kind of violation of rights in business will require you to seek legal advice. A business or property attorney is the person you will need to help you with this case. 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.
The first thing you can go for would be a cease-and-desist order. Going to court to battle is more expensive and the cease-and-desist order might be a better choice. You will write them a letter, asking them to stop using your trademark.