Trademark infringement notice format [Guide]



Last updated : Sept 29, 2022
Written by : Dennis Dezalia
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Trademark infringement notice format

What is a trademark notice?

A Notice of Publication in a trademark application is good news for the applicant. It means that the trademark application has received preliminary approval by the USPTO trademark examining attorney, i.e., the trademark examiner.

What is the punishment for trademark infringement in India?

Imprisonment for a period not less than six months that may extend to three years. A fine that is not less than Rs 50,000 that may extend to Rs 2 lakh.

Is the period of limitation for filing suit for infringement of trademark in India?

LIMITATION- The period of limitation for filing a suit for infringement of a trademark is three years from the date of infringement.

How do I respond to a copyright infringement notice in India?

Answers (1) 1. Remove the content from your website and settle the matter. 2. Send a reply in the form of a legal notice stating the content which is being claimed to be infringing their copyright is of common knowledge and general in nature and that the same does not amount to a copyright infringement.

What happens after a trademark is published?

Within about three months after your trademark publishes in the Trademark Official Gazette, if no opposition was filed, we register your trademark. If an opposition was filed but was unsuccessful, we will register your trademark after the Trademark Trial and Appeal Board dismisses the opposition.

How long is a trademark good for?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How do you prove trademark infringement?

To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent.

Is trademark infringement a crime?

Criminal Trademark Infringement — What Is It? Criminal trademark infringement is the unauthorized and illegal use of someone else's trademark to create confusion between the original and another mark. Businesses spend a great deal of time, energy, and money on the trademarks that represent their brand.

What is trademark infringement examples?

Examples of trademark infringement cases include instances in which one company sues because it contends that another company is profiting from its trademark without approval.

Who can file a suit for trademark infringement?

Exclusive Licensee. Subject to the agreement between the trade mark holder and a licensee, a suit for infringement can also be filed by a licensee (whether exclusive or not) if that licensee is registered with the Trade Mark Registry as a registered user (section 52, Trade Marks Act).

What is the period of limitation for filing a suit of trademark infringement?

Generally speaking, when it comes to an allegation involving a trademark infringement, a lawsuit must be filed four years from the date of that encroachment. One caveat exists to the four-year statute of limitations to bring a trademark infringement lawsuit.

What amounts to infringement of trademark?

What does Infringement of Trademark mean? Trademark infringement in India is defined under Section 29 of the Trademarks Act, 1999. Simply put, when an unauthorized person uses a trademark that is 'identical' or 'deceptively similar' to a registered trademark, it is known as infringement.

Should I be worried about a copyright infringement notice?

While many users panic when receiving infringement notices from their ISP, in the majority of cases there is no need to worry. Stopping sharing the content in question usually solves the problem and if no additional sharing takes place, no further warnings should be received, for that content at least.

What happens if I receive a copyright infringement notice?

When you receive a copyright infringement notice, usually the copyright holder will simply ask you to "cease and desist" use of the copyright. Most terms of a cease and desist letter are usually reasonable.

How many copyright infringement notices can I get?

Subscribers can get two notices for "educational" purposes that their accounts have been used to commit infringement. Upon a third and fourth notice, the subscriber must respond and acknowledge it. On the fifth and sixth notices, consumers may have their speeds throttled.

How do I know if my trademark is approved?

It is fairly easy to check your trademark registration on the USPTO website, at http://tsdr.uspto.gov/. Enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to receive the status of your pending and registered trademarks.

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

Who grants trademarks?

The U.S. Patent and Trademark Office is the agency responsible for granting U.S. patents and registering trademarks.

What are the 4 types of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.


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Trademark infringement notice format


Comment by Ji Ulch

hi everybody this is trademark attorney josh gerbin i want to talk to you about what to do if you receive a trademark infringement notice or cease and desist letter in the mail or by email there are three things that you should do if you receive a letter like this about your trademark the first and most important is do absolutely nothing avoid the impulse to respond and defend yourself any emails you send to the individual or attorney that sent you the cease and desist letter can be used against you should the case proceed to litigation it's incredibly important not to say anything not to take a phone call not to send an email because all of those things could hurt your case in the long run moreover nothing you say is going to change the fact that this person has sent you a cease and desist letter they're not going to all of a sudden have an epiphany that they're wrong just because of something you say or do so very important to do nothing sleep on it let your emotions calm down the second thing you need to do and this is going to sound extremely self-serving but you need to call an attorney and i say this because the folks that we see trying to defend themselves from a trademark claim typically do not understand the nuances of trademark law just like i would never understand the nuances of your business and never pretend i do there's a very good chance you don't understand the nuances of the claims being made in that letter and this is a legal claim being made against your business this is a very big deal you do not want to take it lightly so i get it it's going to cost money nobody likes spending money on lawyers totally understood but that's my best advice to you if i was running my own company and i got a cease and desist letter i would hire an attorney even though i'm an attorney myself i would hire an attorney to give me a level-headed opinion about what the claims are they always say the worst client an attorney can have is himself so just remember even as an attorney i would take that advice now the final thing to do once you've received the cease and desist letter and you haven't done anything and you've called your attorney is to take the advice of your attorney i cannot tell you how many times i will give somebody advice and they will push back and they will not just push back lightly they will push back hard and they will tell me they think i am wrong about my analysis of the case and i can appreciate that everybody wants to push their point of view and even clients are going to be very determined to defeat any claims that are being made against their trademarks i don't discourage it but i also want you to take very seriously the advice your attorney is giving you because ultimately you've hired the attorney and the attorney only has your best interest at heart very important to take their advice even if it's hard advice to take even if the advice is you should change your name the attorney is probably if the attorney is telling you to change your name by the way all they're trying to do is keep you out of court and keep you from being sued so keep in mind attorneys make the most money in litigation if somebody's trying to keep you out of litigation they're doing you a genuine favor and they're not only just looking after the bottom line of their law firm so i hope you found this interesting again if you receive a cease and desist letter don't do anything let everything calm down call an attorney please take the advice of the attorney this is trademark attorney josh gerbin i'll talk to you next time


Thanks for your comment Ji Ulch, have a nice day.
- Dennis Dezalia, Staff Member


Comment by shannainnO

you just opened a FedEx package or an email attachment and some other company is demanding then you change your trademark and your business name I hear these stories every day every week from small and medium-sized businesses all over the country I want to share with you some key considerations that you need to address before you take the next steps how similar are your products or services to those of the other company and how similar are the names because names can coexist if the industries are not related in many cases how big is the other company are they trying to use their financial power their size to bully or make an unreasonable claim we see more and more of these type of demands made every week and finally is there a compromise that might be proposed that might be reached more and more we're finding that we we can work with clients who receive these cease and desist letters to propose an alternative that will help satisfy some of the concerns of the complaining company without really affecting the business of the company that received the letter for example agreeing not to use a certain logo type or agreeing not to expand into their field of products or services these are the type of solutions that we are frequently able to work with clients to reach of course every instance is unique and you need to talk to a lawyer about your specific letter if you have received one which of course you can feel free to call me if you'd like to discuss we have helped hundreds of companies deal with these types of claims you


Thanks shannainnO your participation is very much appreciated
- Dennis Dezalia


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