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For unregistered trademarks, the owner of a business whose competitor is using the same or a similar trademark that might cause confusion (using common law tort of "passing off"; in Quebec, the Civil Code of Québec acts as a functional equivalent) What you need. To enforce your trademark rights, you need the following: your valid (registered ...
- Cease and Desist Letters and Infringement
- Dilution of Famous Marks
- Failure to Police A Mark
Most infringement actionsbegin with cease and desist letters sent to an infringer demanding that the infringer stop using the mark at issue. Infringement lawsuits are expensive, and many members of the public will stop infringing if they become aware that a mark's owner is lawfully asserting his or her trademark rights. Sometimes multiple cease and...
Under federal and some state laws, you can sue to prevent your trademark from being used by another person or company if your mark is famous and the other use will "dilute" or weaken the mark's reputation for quality or render it generic through overuse. Dilution lawsuitscan only be brought in connection with famous marks, so it is common for those...
A trademark owner need only protect their trademark by policing the mark and using it in the marketplace to identify products or services. The products or services do not have to be actually sold, but they have to be offered to the public under the trademark. The owner can also reserve for future use a trademark that is not already been used by fil...
Nov 5, 2024 · In this context, enforcing trademark rights becomes a fundamental aspect of a comprehensive brand protection strategy, ensuring that companies can protect their investments and maintain their unique market position. The Role of Trademark Enforcement. Trademark enforcement is a crucial component of a comprehensive brand protection strategy.
Aug 18, 2023 · However, the failure to take action in the face of widespread infringement can significantly impact a trademark owner’s rights. 4. Waiting Too Long to Address Infringement. The same is also true for waiting too long to enforce marks. In trademark law, the old adage is true: “you snooze, you lose.”
- Mandi Phillips
Oct 4, 2024 · b. Trademark enforcement: Passing off, infringement and depreciation of goodwill. The owner of an unregistered trademark may enforce its rights through an action for passing off. To succeed, the owner of the unregistered mark must show the following: That the owner has a commercial reputation or goodwill created through use of its mark
Jul 31, 2024 · Enforcing a trademark. Most trademark-infringement enforcement strategies start with sending a cease and desist letter addressed to the trademark infringer. A cease and desist letter identifies the nature of the infringement and demands that the infringement stop immediately. You can write the letter yourself, preferably using your business ...
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marketplace investigations, are important in Canadian trademark disputes for three reasons: • Canada is a first-to-use jurisdiction; • use is necessary for maintaining trademark rights; and • uses of similar trademarks by third parties, or a lack thereof, can weaken or strengthen a brand owner’s case.
