Why You Should Register Your Product Trademark

by | May 29, 2014 | Lawyers and Law Firms

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The United States enforces laws that apply to a Register Product Trademark. These laws make provisions to secure the rights of the owner, by imposing penalties against violators. In the state of Oklahoma, these laws are enforced and upheld. Any infringement of the rights of the registered owner are punishable through civil litigation initiated by the owner.

What is Trademark Infringement?
Trademark infringement is the use of any trademark name or media that is owned exclusively by someone else. The only exception is a limited license to utilize the name by which the owner has entered into a contract with the user, which outlines its legal usage. Violators who reproduce the trademark in any way are in violation of the law. A common trademark infringement that has been enforcement in recent years are the use of designer handbag trademarks. The reproducers were manufacturing copies of the handbags without contractual consent from the designers. A crackdown on these violators result in seizure of all duplicated products brandishing the trademark logos.

How are these Actions Remedied?
Any owner of a Register Product Trademark has the legal right to file a lawsuit against the manufacturer of any copies or counterfeit products that look similar to their own and brandish their trademark labels. When the lawsuit is filed any products that are involved in the lawsuit can be seized by law enforcement. Counterfeiting is not only cause of trademark infringement, but it is also a criminal act, when it is used in conjunction with generating profits.

Use of Intellectual Property
Domain registration websites are not responsible for trademark infringement. However, anyone who utilizes a trademark name or variation is subject to civil penalties. When the use of intellectual property is discovered through domain name registration, the owner of the trademark can initiated contact with the individual or have their attorney contact them on their behalf. The violator is required to relinquish ownership of the domain to the rightful owner or a civil lawsuit is filed against them. If your trademark rights have been violated contact Edward L White PC Attorney At Law immediately and file a claim for infringement against the violator.

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