Protecting your trademark is crucial to maintaining the integrity of your brand name and ensuring that consumer is able to distinguish your products or services from others in the market. There are numerous cases of trademark being infringed, taking prompt and strategic action is essential. Here is a comprehensive guide from Mark my Brand on what to do next if your trademark is infringed:
1. Gathering of evidences:
Document instances of infringement by collecting evidence such as screenshots, photographs, invoices created by other party, online presence on e-commerce and B2B portals or any relevant documentation that proves unauthorized use. This will strengthen your case and provide a clear record of the infringement.
2. Consult with a trademark Attorney:
It is essential to identify and engage a trademark attorney who specializes in intellectual property law. They can assess the strength of your case, provide legal advice, and guide you through the enforcement process.
3. Issuance of Cease and Desist Letter:
Draft a Cease and Desist Letter (C&D Letter), outlining the details of the infringement, the legal basis for your claim, and a demand for the infringing party to stop using your trademark. This is often the first step in resolving trademark disputes amicably.
4. Alternative Dispute Resolution (ADR):
Consider alternative dispute resolution methods, such as mediation or arbitration, to resolve the matter outside of court. This can be a quicker and less expensive way to achieve a resolution.
5. File a Notice of Opposition (if applicable):
If the infringement is related to a pending trademark application, file a Notice of Opposition with the relevant trademark office. This initiates proceedings to prevent the registration of the infringing mark.
6. Trademark Office Proceedings:
If you have a registered trademark, consider filing a complaint with the relevant trademark office. The office may conduct an investigation and take appropriate action, such as canceling or refusing the registration of the infringing mark. MarkmyBrand.com can help in case your brand name has been infringed and appropriate action needs to be taken on the infringer.
7. Litigation:
If all else fails, and the infringing party refuses to comply, you may need to take legal action through the judicial system. Mark my Brand’s team will guide you through the process, including filing a complaint, gathering evidence, and presenting your case in court.
8. Seek Damages:
In litigation, you may seek damages, including financial compensation for losses resulting from the infringement. This could include lost profits, damage to your brand reputation, and legal fees.
9. Monitor and Enforce:
Implement a system for ongoing monitoring of your trademark to quickly identify and address any future instances of infringement. Regularly check online platforms, marketplaces, and industry publications for potential violations.
10. Educate and Communicate:
Educate your employees, partners, and stakeholders about the importance of trademark protection. Encourage them to report any potential infringements promptly. Open communication channels can help in early detection.
11. Review and Update:
Periodically review and update your trademark strategy. This includes reassessing the strength of your mark, expanding protection to new markets, and adapting to changes in your business environment.
As per MarkmyBrand, before taking any action, one should ensure that the use of the trademark by the alleged infringer meets the legal definition of infringement. Litmus test for the same is to understand whether there exists a likelihood of confusion between the infringing mark and original trademark.
Trademark infringement can have serious consequences for any brand. Taking swift and decisive action, whether through cease and desist letters, alternative dispute resolution, or legal proceedings, is crucial. Working closely with a qualified trademark attorney can greatly enhance your chances of successfully protecting your trademark and maintaining the integrity of your brand in the market ensuring that it grows throughout.
All the information regarding trademark filing, registration, and protection is available at www.markmybrand.com
