How to Deal with A Claim of Trademark Infringement
Brand is a very important concept to businesses today and chances are that you have witnessed disputes about trademark issues. You see, every company wants to be unique and recognizable by potential customers and this is why it is so important for business to have a certain trademark only unique to itself. However, attaining uniqueness is not very easy and it is possible to find similarities that drive businesses to the point of claiming trademark infringement. This is especially very common with online trading websites where businesses sell their products online. You will find that certain businesses on this trading platform having similar names and sometimes even trading in similar if not same products. When this happens, a retailer on such a platform can claim trademark infringement especially when they feel that the listing of another seller is similar to theirs. This similarities are seen to be confusing to customers when shopping because they can buy a product from one seller when in real sense they intended to get it from another. That being said, it is very common for trademark infringement claims to be sent out especially on this online trading platforms and you could even find yourself on the receiving end. The moment this happens, you want to avoid panicking and instead get prepared to respond appropriately.
Firstly, is very important to know that when responding to such a claim, the word to use and the tone you use can either work for or against you. Remember that there are consequences to this infringement claims and if you’re not careful, you can end up being removed from the trading site and unable to do business anymore. One of the most important things to have in mind when formulating such a response is have in-depth knowledge about trademark law and how applicable it is to your particular situation. For cases where you not very familiar with this law, then it is only prudent to get a professional to help you with responding to the infringement claim in the proper way and eliminate any chances of implicating yourself. One way to deal with a trademark infringement claim is to make a counterclaim yourself. Now you should know that before slapping anyone with a counterclaim, you first need to have evidence that you own a brand especially when the infringement claim is about brand ownership. A good example of such evidence is federal trademark registration which proves that your trademark ownership is approved. Even so, this is not always a guarantee and so you might need to provide other forms of evidence.