Every unauthorized use of someone else’s Trademark or Service mark is considered infringement. This is generally stopped by a number of written requests to stop the other business from copying; over and above it can be dealt legally. For a successful infringement, the mark is not required to be identical to that of the owner’s but even similarities, which according to the owner could cause confusion in the mind’s of consumers is considered infringement. When such scenarios occur where there is an unlawful use, the owner of the Trademark or Service mark, the trespassing client can be pressed with charges by filing a legal case against them. Subsequent actions can be taken against the Infringer.
1. The owner of the Trademark contacts a legal authority explaining his case and asks for a lawful opinion on how to go about-facing the scenario.
2. The lawyer helps draft a warning letter to the infringing business owner explaining as to how the brand or name is being duplicated or copied by them.
3. If the infringer still continues to use the Trademark or Service mark, the owner has all right to file a case against the opponent for infringement.
4. The case needs to be filed for trademark encroachment claim, asking the accused to pay for all the damage done during the course of this breach.
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