When infringement occurs during trademark registration, the following measures can be taken to deal with it:
1. Monitoring and discovery:
The trademark registrant or his agent The market should be regularly monitored to identify any potentially infringing uses of trademarks. This can be done through market research, internet searches, monitoring competitors, etc.
2. Collect evidence:
If trademark infringement is discovered, the trademark registrant should take action as soon as possible and collect relevant evidence. Evidence may include screenshots, photos, purchase records, witness statements, etc. to prove the fact of infringement.
3. Contact the infringing party:
The trademark registrant can directly contact the trademark user suspected of infringement, file an infringement accusation, and request that the infringement cease. Resolution through communication and negotiation is a possible solution.
4. Issue a warning letter:
If direct contact with the infringing party is ineffective, the trademark registrant can entrust a lawyer to issue a formal infringement warning letter. The warning letter should clearly state the facts of the infringement and require the infringing party to stop the infringement, otherwise further legal action will be taken.
5. Seek legal relief:
If the infringing party refuses to stop the infringement or cannot resolve it through negotiation, the trademark registrant can seek legal relief. This may include filing a trademark infringement lawsuit, seeking damages and injunctions, etc.
When dealing with trademark infringement matters, it is recommended that trademark registrants consult professional intellectual property lawyers or professional organizations to obtain relevant legal advice and support. The procedures and requirements for handling trademark infringement cases vary from country to country, so professional legal advice is essential to ensure that rights and interests are protected.
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