If trademark registration infringes upon copyright, you can take the following measures:
1. Collect evidence: First, you need to collect evidence to prove that trademark registration infringes on your copyright. This may include original works related to the goods or services covered by the trademark registration, documents proving the time of creation, evidence of public release, etc. Make sure you save all relevant evidence and documentation.
2. Seek legal advice: Consult a professional intellectual property lawyer to discuss your specific situation and possible legal actions. A lawyer will help you evaluate infringement and the feasibility of copyright protection in accordance with local laws and regulations, and provide corresponding legal advice.
3. Issue a warning letter: A lawyer can draft and send a warning letter on your behalf to the infringing party of the trademark registration. The warning letter should include a detailed description of the infringement, a statement requesting that the infringement cease, and the threat of possible legal action. A warning letter is often a starting point for attempts to resolve a dispute.
4. File a lawsuit: If the warning letter fails to resolve the dispute, you may consider filing a lawsuit in court. During the litigation process, you need to provide evidence to the court to prove that the trademark registration infringes on your copyright, and seek relevant legal remedies, such as stopping the infringement, compensating for losses, etc. At this stage, your solicitor will represent you in the proceedings.
It should be noted that copyright and trademark rights are two different fields of intellectual property, and their protection and legal procedures are also different. Therefore, in order to ensure that your rights and interests are fully protected, it is recommended to consult a professional intellectual property lawyer and take appropriate legal action based on the specific situation.
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