I have protected my business names or signs by my own trademarks, but somebody else uses it. What should I do?
Trademarks mainly protect text-based or graphical information, including partly artistic aspects.
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Quite often, the text or the shape of a potentially infringing mark is close to your own protected trademark but not completely identical. In such cases, professional legal advice is always needed before drawing any conclusions.
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If the text or shape is fully identical, used for business purposes, and falling without any doubts under the scope of your own trademark protection, it is still advised to seek additional advice. Quick and incorrect actions, not reviewed and aligned by an experienced trademark professional, may weaken your position and hamper collection of good evidence and proof.
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Check the difference between your own trademark and the potentially infringing subject.
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Clarify whether your own trademark is valid and in force in the country under discussion.
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Executing a trademark search and try to find your own trademark on TMview.
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Collect evidence of where and how the infringing subject is used.
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Avoid any strong conclusions or actions before having received advice and support from a trademark attorney.
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Yes. You can contribute with clarifications, as mentioned, but should be careful about taking any further action.
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Whether your own trademark is fully protected against the potentially infringing subject can only be correctly determined by a qualified trademark attorney with legal knowledge, including in specific local aspects Find IP service providers here.