Responding To Trademark Infringement Claims
Chances are high to get a trademark infringement claim on the when selling through online marketplaces. The claims in this regard are made by other dealers who consider that the trademark or brand in use by another dealer belongs to them. When a claim is made, the kind of response offered to the claimant or the marketplace determines the kind of action that follows. The best approach in this respect is to seek for professional guidance in making the response. An attorney in this respect should be engaged owing to the fact that trademark infringement is a legal issue.
Two different approaches are used in making trademark infringement claims. The aggrieved party or an attorney who represents them may make a direct claim to the accused. The aggrieved party may also consider to make complains to the marketplace which in turn makes the claim to the accused. Upon receiving such a claim, of importance is to make appropriate plans on the steps to follow. Working with an attorney in such a case helps design the best approach to use in the case.
A possible response for the accused is to make a counter claim for the trademark to the aggrieved party. This opposes the claim made by the party and points that the party is actually using your trademark. For the counterclaim to be considered, there must be proof indicating that the accused party actually owns the trademark. The proof required in this respect should be from trademark registration bureau. However, there is need to understand that the information from registration bureau is not always admissible as proof of ownership. In the process of making the counterclaim, it comes as of much importance when the assistance is sought from the attorney.
On losing the case, the accused is subjected to a range of actions as prescribed by the marketplace on which the dealer operates. Closing the dealers account is one of the possible actions that might be undertaken by the marketplace. The accused may have the brand suspended by the marketplace if the case is found to be the first of its kind with the accused. Options of being reinstated are still prevalent once the trademark is changed to a new and different one depending on the terms of the marketplace.
Having a unique trademark is the only way with an assurance to avoid any chances of being faced with trademark infringement claims. The marketplace offers with a range of tools that help achieve this quest. Searching through the database on the marketplace is the best approach that helps one get a list of existing trademarks hence avoid them. In such way one gets an option to select one that is not in use elsewhere. Justice for action made on fake claims is available through assistance offered by attorneys.