If You Read One Article About , Read This One

How To Respond To Claims On Trademark Infringement

Claims on trademark infringement do occur more so to those operating on the online platform and selling in various marketplaces. The claims in this regard are made by other dealers who consider that the trademark or brand in use by another dealer belongs to them. In such an instance, it means a response is required and this need to be done with knowledge that it will affect the outcomes. To offer the response, need therefore arises to seek for guidance from a professional. Being a legal proceeding, the professional to seek for the purpose of the response is a qualified attorney.

Two different approaches are used in making trademark infringement claims. One of the approaches involves the aggrieved party or their attorneys making a direct claim. The marketplace may also make the claims after receiving complaints from the aggrieved party. When the claims are made, the important thing is to ensure that a fitting system is in place through which response is made. Working with an attorney in such a case helps design the best approach to use in the case.

One of the approaches to use in the process is to make a counter claim for trademark infringement. This opposes the claim made by the party and points that the party is actually using your trademark. Proof of ownership of the trademark in this process must be produced by the accused to make the counterclaim. Proof in making the counterclaim is available when sought from trademark registration agencies. There instances when the evidence offered by registration agencies fails to be accepted as a proof that the accused actually owns the trademark. Attorneys offers with the required assistance to make the process of counterclaim a success.

In the event the case is lost, the marketplace takes action on the accused. This includes removing the dealer?s account of the dealer if there has been other claims on the same individual. However, in the event that it is a first time offender, the marketplace may opt to remove only the affected brand and leave the account to continue operating. In other instances, the marketplace may reinstate the brand if the dealers takes the step to change the brand to a new and different one.

Having a unique trademark is the only way with an assurance to avoid any chances of being faced with trademark infringement claims. This is made possible through the tools offered by the marketplace. This helps to search through a database of the existing trademarks the dealers who own them. The dealer is therefore informed to make the right choice of a trademark to use in this respect. Justice for action made on fake claims is available through assistance offered by attorneys.

Smart Tips For Uncovering

The Essentials of – Getting to Point A