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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. Trademark infringement has become quite common 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 just like seeing your name used on a product and you did not give your 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. 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. Because you don’t want to jump into conclusions uninformed, you should get as much information about it as possible. You should find all material on this and read to make sure that you know everything about it. 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. 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. Find yourself a business or property attorney to help you with this. They will help you decide which path to take on this issue of trademark infringement. 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.
First of all, send a cease-and-desist order to the infringer. This is a better way because it is cheaper than taking it to court to battle. 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.