Destruction of the stock of products bearing your trademark or a confusingly similar mark.Immediate cease of misuse of your trademark, which includes misuse of not just identical mark, but also a confusingly similar mark.Some of the demands that you may list are: In the notice, you should inform the violator about your prior trademark rights, highlight the violator’s illegal/objectionable activities, and list out your demands for compliance within a set timeline. In case you wish to explore the option of an amicable resolution before taking any action, you may choose to send a cease-and-desist notice to the violator. Let us now discuss the various remedies and recourses available. The best recourse in each situation depends upon the specific facts of the case. There are various legal recourses that can be resorted to in case a trademark is stolen or misused. If any other person or entity adopts, registers or uses such a mark, it shall be considered violation of trademark rights of the original proprietor.Īn enterprise must always have a strong vigilance team which can flag misuse of its trademarks on offline or online markets as soon as possible so that an early action can be taken. In case of well-known or very famous marks, no other person or entity can subsequently adopt, register, or use an identical or confusingly similar mark for any kind of products or services, unless authorised by the original proprietor. No other person or entity can subsequently adopt, register, or use an identical or confusingly similar mark for identical or similar products or services, unless authorised by the original proprietor. Registration of a trademark, or usage of a trademark, with or without registration, bestows certain rights on the proprietor of the trademark. For this reason, diligent protection of trademarks is of paramount importance for any business. It not only acts as a prime instrument of advertising and selling for the enterprise, but also helps customers from getting confused or deceived by other goods or services. A trademark creates, preserves, and enhances the distinctiveness and integrity of an enterprise and acts as a source identifier for your products and services. For example, you might include an advertisement or a label using the logo you want to trademark.As an entrepreneur, your brand name and logo, called trademarks in legal terminology, are among your most important intellectual property assets. A specimen is an example of your trademark in use and must be included with your registration. For example, if you are trademarking the title of a new series of books (like the "Dummies" books, for example), you would need separate registrations for printed books and e-books. You must pay a separate fee for each product or service classification you are registering. There are two different types of trademark applications, ranging in price between $250 and $350. International trademark registration is now available through the TEAS system. If you determine that no one else is using the trademark, you can file your application online using the Trademark Electronic Application System (TEAS). The Trademark Office will reject your application (and won't refund your money) if you register a trademark that already exists or doesn't fit the description. Don't neglect these first two steps - searching and finding the correct classification.
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