28 January, 2020 Company news

What to do if your trademark rights are violated?

Before talking about the protection of the right to a trademark, such a right must be obtained and have documentary evidence of their rights. Such confirmation is a certificate for a mark for goods and services (trademark).

If you see that the rights to your trademark are violated, then it is possible:

  1. verbally, for example, in a telephone conversation, either ask to stop the illegal use of the trademark, or offer to conclude an agreement on the paid use of the trademark.
  2. draw up and send to the violator a written claim demanding to stop the illegal use or to conclude an agreement on a paid basis and receive payment for the use of your trademark.
  3. apply to the court with requirements to prohibit the use of the trademark, to demand damages.

When applying to the court, liability for violation of intellectual property rights in the form of damages can only be if there are simultaneously such conditions as:

  1. the fact of illegal behavior, that is, the use of a trademark without the permission of the owner
  2. losses incurred by the owner of the trademark
  3. a causal relationship between the unlawful conduct of a person and the losses caused
  4. the fault of the person who caused the harm.

To protect your rights, as well as register your trademark, we recommend that you contact highly qualified specialists from the Bliss Law Firm.