If someone is using your brand or trademark without your permission, there are several legal actions that can be taken to protect your rights.
Firstly, you can send a cease and desist letter to the individual or company using your brand or trademark without permission. This letter should clearly state that the use of your brand or trademark is unauthorized and demands that they immediately stop using it. Include evidence of your ownership such as registration certificates, and any other supporting documentation to back your claim. This letter can go a long way in convincing the infringing party to stop using your brand or trademark.
If the infringing party does not cease their use of your brand or trademark, you may choose to file a lawsuit for trademark infringement. This can be a complicated and expensive process, but it can lead to a court order that compels the infringing party to stop using your brand or trademark and to compensate you for any damages you have suffered.
Additionally, if your trademark is registered with the U.S. Patent and Trademark Office (USPTO), you may have federal protection. To enforce your trademark rights through the federal court, it must be registered beforehand. If the trademark is registered, the infringing party may face statutory damages and potential fees for violating a registered trademark.
Finally, it is a wise decision to retain the services of an experienced intellectual property attorney who can provide guidance on how best to protect your rights to your brand or trademark. The attorney can provide further advice and assistance in pursuing legal action, securing compensation or damages, and preventing future infringement.
It is important to note that the protections for your brand or trademark may vary by jurisdiction and the specific facts of your case necessarily guide the appropriate course of action.
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