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    Trademark Rights

    It is possible for the owner of the applicable rights to begin trademark rights infringement proceedings if someone utilizes a mark that is identical to the one registered by the owner. It can also be done if someone utilizes a mark that is similar to the registered trademark for commercial gain or when it is employed for similar products or services that may cause confusion.
    For example, a company can take legal action if it has registered such a mark and another company sells similar items under that mark. It is applicable as well to a situation where an entity or person uses an important part of the registered trademark in a way that can hurt the owner's character. If someone else uses either the entirety or part of the registered trademark, thereby using the reputation or goodwill of the owner, it can be considered an infringement of trademark rights of the owner thereof. The mark can be opposed within three months of registration and advertising in the Patent Journal. It is possible that someone does not register the mark, but continues to use it anyway, and when doing this, also intrudes on the original holder's trademark rights.

    It is thus imperative to register a trademark for each of the categories in which you will want to use it as this will provide the legal grounds for taking action against a perpetrator. The best route for registration is to get the help of an intellectual property attorney. Contact us today to help you file for trademark rights or to assist in litigation against a party that infringed on your trademark rights.

     




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