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What You Need to Know Before Responding to a Claim of Trademark Infringement
It’s not a new thing to encounter trademark infringement. Don’t rush to acting upon receiving a letter of trademark infringement. You will determine the fate of your business based on your cause of action. You may be a manufacturer or just a re-seller. The claimant could decide to directly approach you or pas through the court. You should figure out some components before responding to a claim of trademark infringement. The factors below will guide you on how to respond in case of a claim of trademark infringement.
The knowledge of a professional is one of the factors that you need to consider. You will get the help that you need from an expert in case you don’t know how to handle the issue. An experienced trademark lawyer is the best choice. An experienced lawyer has a higher chance of helping you out. You should adhere to the advice of the lawyer if you want to increase your chances of staying in business.
You should liaise with the insurance company on the policies. There is a higher probability that the company didn’t cover for the trademark infringement risk. You should visit their offices to see if they can help you with the costs. Most companies don’t usually set aside money for trademark infringement. Your insurer increases your chances of retaining the trademark.
Take time before you take action on the claim of trademark infringement. You need to be calm and understand what the letter is saying. There is a higher probability that you will put your company at risk if you share the details of infringement on social media platforms. Sharing this may make customers confused. You should work towards ensuring that the matter is kept under wraps. Once you are composed, you will know if the trademark is worth fighting for and therefore you will make the decision that bests suits your company.
The other important thing to do before responding to a claim of trademark infringement is gathering evidence. You should always keep records of all business transactions. You will be on the safe side if you have evidence showing where your trademark originated from. The court may use this evidence to see how you advertise your products or customer base. This evidence could be a way out of the accusation. The evidence could also establish that there is no copyright infringement but rather a certain degree of similarity. The above factors play a vital role in ensuring that you respond well to a claim of trademark infringement.