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What You Need To Do When Your Trademark Is Violated
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. You go to the store to buy something and you find that it has your trademark on it. 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. Trademark violation can happen both on physical products and online without your consent but you should not accept 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.
Before going any further on your quest, you need to know all there is about your trademark rights. Don’t just jump into conclusions and pursue a case that might not be right. Find all the material available with this information and read thoroughly so that you know what you are getting into. Before you make any rash moves, confirm that your rights have been infringed and find out what you should do about it. Now that you have all the information and are sure about this, you can now take steps to have this looked into.
It is also important to consider if your trademark is active before doing anything else. If you just got your trademark and put it aside without using it, it will be hard to accuse someone if trademark infringement. Some people might take your trademark just because they didn’t know it existed or didn’t think it was still in use. 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.
You should know that you will need legal advice if you are going to pursue this. Any kind of violation of rights in business will require you to seek legal advice. Find yourself a business or property attorney to help you with this. They have knowledge about this and will help you pursue the case. It might be expensive but it is going to be worth it at the end. You will either take legal action or your lawyer will advise to first negotiate with the infringer.
The first thing you can go for would be a cease-and-desist order. Going to court to battle is more expensive and the cease-and-desist order might be a better choice. When you send them a letter asking them to stop using the trademark you might be surprised to find that they are genuinely unaware that the trademark existed and would comply.

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