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eceiving a trademark infringement claim can be worrying for business owners. However, with the right approach and understanding legal procedures, you can resolve this issue effectively.
What is a Trademark Infringement Claim?
A trademark infringement claim occurs when an individual or company believes their registered trademark is being used without permission or in a manner likely to confuse consumers.
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Steps to Handle Trademark Infringement Claims
1. Stay Calm and Analyze the Claim
Here are practical steps for handling trademark infringement claims:
2. Review the Legality of Your Trademark
Check if your trademark is officially registered with the Directorate General of Intellectual Property (DJKI).
3. Collect Supporting Evidence
Gather documents related to your trademark registration, usage, and evidence proving your mark is distinct or does not cause confusion.
4. Consult with Legal Experts
Discuss your situation with an experienced lawyer or trademark consultant for proper legal advice.
5. Respond with a Counter-Letter
If the claim is unfounded, you can send a counter-letter detailing legal arguments and facts supporting your position.
6. Consider Mediation or Negotiation
Attempt peaceful resolution through mediation or negotiation to avoid costly and lengthy court processes.
7. Prepare for Possible Litigation
If negotiation fails, prepare for possible litigation in court with legal counsel assistance.
Tips to Avoid Trademark Infringement Claims
Case Study
Mr. Rahmat received a trademark infringement claim from another company alleging similarity between their logos. After consulting legal experts, he demonstrated substantial differences between the two logos, successfully resolving the dispute amicably through mediation.
Conclusion
A trademark infringement claim doesn’t mean the end for your business. With correct steps, solid evidence, and legal support, you can confidently handle such claims and keep your business protected.
Facing a trademark infringement claim? Get your free consultation with AUFAR & Co today!
