Lawyer California
Member since November 30, -0001
From:Florida, CA
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Below, californialawyerusa.com outlines the legal steps and actions you can take if an individual or company, acting in bad faith, uses, imitates, or copies your business/service trademark to seek profit. This is especially relevant if you were the first party to register the trademark (first to file) and hold a valid trademark certificate. The available options are:
- Filing a Trademark Cancellation Lawsuit
One of the parties eligible to file a trademark cancellation lawsuit is the owner of the trademark who registered it first (first to file).
- Filing a Compensation Lawsuit for Unauthorized Trademark Use
"A registered trademark owner and/or a licensed trademark holder may file a lawsuit against a party that, without authorization, uses a trademark that is substantially or entirely similar to theirs for the same goods and/or services, requesting:
- Compensation; and/or
- Cessation of all activities involving the use of the infringing trademark."
Those eligible to file a compensation claim include the registered trademark owner or the licensed holder.
How much compensation can be claimed? As the plaintiff, you can estimate the amount, but the judge presiding over the case will determine the final compensation based on the specifics of the case.
- Combining a Trademark Cancellation with a Compensation Claim
In numerous cases before the Commercial Court, we have encountered situations where parties combine a trademark cancellation lawsuit with a request for compensation.
The aggrieved party, whose trademark has been infringed upon, asks the judge to cancel the other party's trademark and simultaneously seeks a substantial compensation award.
- Reporting Suspected Criminal Trademark Infringement
- Resolving the Dispute Through Arbitration
Another legal option available if someone uses your trademark without permission is arbitration as a method of dispute resolution.
Arbitration is regulated by law, but in practice, both parties must agree in writing to use this mechanism.
- Filing an Objection
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