If someone is infringing on your trademark rights, the following steps should be taken:
- Gather evidence: Collect evidence of the infringement, such as photos, product or service descriptions, and any other relevant information that identifies the infringing use.
- Contact the infringer: Contact the person or company using your trademark without permission in writing, and request that they cease and desist from using your trademark. Be sure to provide evidence of your trademark registration and explain the potential legal consequences of continuing to use it without permission.
- Consider a cease and desist letter: If the infringer does not comply or respond to your initial request, you may consider sending a formal cease and desist letter. This letter should be written by a licensed attorney and demand that the person stop using your trademark immediately.
- File a trademark infringement lawsuit: If the infringer continues to use your trademark despite your requests, you may consider filing a lawsuit. A successful lawsuit can result in damages and court-ordered injunctions to stop the infringing use.
It is important to note that there may be limitations or exceptions to taking these actions in certain circumstances, such as if the use of your trademark is allowed under fair use or if the infringer is located outside of your jurisdiction. It is also recommended to seek the advice of a licensed attorney to ensure the best outcome for your specific situation.
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