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What should I do if someone is trying to poach my trademark by applying the same with a prior user date?

What should I do if someone is trying to poach my trademark by applying the same with a prior user date?

If you believe that someone is attempting to poach your trademark by applying for the same trademark with a prior user date, it is essential to take prompt action to protect your rights. Here are the steps you can consider taking:

  • 1-Gather evidence: Document all the evidence you have that proves your prior use of the trademark. This may include sales records, advertising materials, packaging, invoices, contracts, and any other documents that demonstrate the use of the trademark in commerce.

  • 2-Consult with an attorney: Trademark law can be complex, so it's crucial to seek legal advice from a qualified trademark attorney. They can help you understand your rights and options and guide you through the process of dealing with the potential poacher.

  • 3-File an opposition: Depending on the jurisdiction, you may have the option to file an opposition to the pending trademark application. This is a legal procedure where you challenge the registration of the trademark based on your prior rights. Your attorney can help you prepare and submit the opposition.

  • 4-Monitor the application status: Keep a close eye on the status of the poacher's trademark application. In some cases, you may have a limited window of time to oppose the registration once the application is published or approved.

  • 5-Negotiate or mediate: If possible, consider contacting the other party to discuss the situation and attempt to resolve the matter amicably. This could involve a licensing agreement or some other arrangement that allows both parties to coexist.

  • 6-File for cancellation or infringement: If the poacher's trademark is registered, you may be able to file for cancellation of their registration or pursue a trademark infringement lawsuit. Again, this is a legal matter that requires the expertise of a trademark attorney.

  • 7-Maintain your own trademark rights: Continuously use and enforce your trademark rights to protect against future attempts at infringement or poaching.

  • 8-Explore international protection: If your trademark has international significance, consider registering it in other countries to secure broader protection.

Remember, it is essential to act quickly to protect your trademark rights. Engaging with a trademark attorney as soon as possible can significantly increase your chances of successfully resolving the situation.

DR.ANUPAM KUMAR MISHRA 

PH.NO-9051112233

MAIL ID-lexisandcompany@gmail.com

LEXIS AND COMPANY LAW FIRM  


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