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Factors To Consider As A Victim Of Trademark Violation
You have the right to own property and no one should take away that right. A trademark is a property in itself and no one should take that away from you. The sad truth is that many people infringe on trademarks in the US marketplace. 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 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. This might not be on a physical product but when you find that it even online, you should do something about 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.
Before you get too excited and jump right into it, it is important that you know exactly what your trademark rights are. You need to know the details of your rights before you can make any move. To ensure that you are right about your rights being violated, find all the material on it and get yourself informed. 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.
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. You might find that someone took your trademark because they thought you don’t use it anymore. 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.
If you are sure that this is something you won’t let go of, you should seek legal advice. Anything that has to do with your business, you need 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.
First of all, send a cease-and-desist order to the infringer. 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.