A common misconception is that registering a business or company name gives you a right to use it in any manner you desire. This is not the case. If your business or company name infringes on another party’s trade mark, then they can prevent you from using it and also seek damages. It is easy
A trademark dispute arises where one party is alleged to be using a trademark of another party in a way that infringes the other party’s exclusive rights provided by the trademark.
Typically, a trademark dispute will be initiated by a letter of demand from one party alleging trademark infringement by the other party.
You could be involved in a trademark dispute where;
- your trademark is being used by a competitor without your consent; or
- you are being accused by a competitor of using their trademark.
Use of a trademark can be many things. For example, use of domain name can be an instance of trademark infringement and the subject of a trademark dispute, which can be the subject of an ICANN, auDA or WIPO dispute resolution service.
Trademark Dispute Examples
Examples and instances of trademark disputes are:
Knowing your legal rights is essential in a trademark dispute. The strength of your legal case will assist you in deciding what action to take. Acting early can avoid having to initiate or defend unnecessary litigation, where damages and legal fees can be costly.
As a specialist, McIntosh IP can provide you with a prompt well-considered legal advice as to your case. McIntosh IP provides advice in trademark disputes, as well as assistance in dispute resolution and trademark litigation.
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