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What You Need To Do When Your Trademark Is Violated
You have the right to own property and no one should take away that right. A trademark is a property and when you own it, no one should take it without your permission. 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 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 going any further on your quest, you need to know all there is about your trademark rights. You need to know the details of your rights before you can make any move. 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. Now that you have all the information and are sure about this, you can now take steps to have this looked into.
Another thing to consider is if your trademark is in use. It will be much easier to accuse someone of infringement when your trademark is actually in use. Some people might take your trademark just because they didn’t know it existed or didn’t think it was still in use. They might also think that you might notice that it has been used because you have not used it in a long time and you might not care.
Now, when you are sure you want to pursue this, you will need legal advice. 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 will advise you on what to do about this issue you are dealing with. 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.
You can start by sending 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. The cease-and-desist will include a letter sent to the infringer asking them to stop using the trademark in a given amount of time like 5 days.