The Art of Mastering

August 9, 2019

Health Care & Medical

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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 and when you own it, no one should take it without your permission. 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. You cannot afford to let it go because it is a violation that needs to be corrected. This might not be on a physical product but when you find that it even online, you should do something about it. If you have found yourself in this situation, you are in the right place. The following are factors to consider if you are a victim of trademark violation.
The very first thing to do if you feel that your trademark rights have been infringed upon is learning more about your rights. You need to know the details of your rights before you can make any move. You should find all material on this and read to make sure that you know everything about it. 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. If the trademark has not been active, someone might assume that it is no longer in use and so they take it. 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.
Now, when you are sure you want to pursue this, you will need legal advice. 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 will help you decide which path to take on this issue of trademark infringement. Don’t feel like you are wasting money by hiring a lawyer. 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.