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Trademark Lawyer Assistance Regarding Infringements
You will need the advice and assistance of a trademark lawyer when you suspect an infringement of your trademark rights has taken place. Also on the other end of the scope, you will need a trademark lawyer for litigation assistance when you receive a letter stating that you are guilty of trademark infringement.
The trademark lawyer can thus defend or take legal action on your behalf apart from handling license agreements and trademark applications as well as renewals.
What is a Trademark Infringement?
If the violation of the rights of the holder of a trademark takes place, it is called a trademark infringement.
This can occur when a trademark is used without authorization and thus a license agreement with the trademark holder or where it is used contrary to the terms and conditions of a license agreement. It can also occur when you for instance, create a sole proprietorship and start to trade under the name. You then register a domain name and coin your products with this particular name.
Not long after, you find that someone has brought a lawsuit against you for using their trademark. This can mean that you have to pay damages and have to stop using the brand name for your business and products altogether.
The solution to the above would be to first check for availability of names at the Company Registrar and to secondly also consult with a trademark lawyer about any existing or pending trademarks that are similar to the name you have selected to brand your products.
A trademark infringement example can be where one party uses the trademark of another in and advert in order to mislead the consumer and thus cause confusion with the public. We offer expert legal advice regarding trademarks.
Contact us at Smit & Van Wyk today should you required advice, litigation assistance or help with setting up a trademark agreement.
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