What To Do In Case Of Trademark And Copyright Issue?

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In case of a copyright of any article or a trademark by another person, then you can send a letter, e-mail, call the person or otherwise notified by any means that he or she has copied your trademark, etc. This claim is related to the trademark or the article that is either published in the newspaper or in a website or in a product or somewhere else. This notification states that the person needs to face the legal authority. He or she might either need to pay an “after the fact” copyright license or stop using the trademark. If all these things are not followed then the owner will take the help of the commercial lawyer Perth who will fight the case on behalf of the actual owner of the trademark.

What copyright infringement is?

The act of copyright infringement is when an unknown person is using the products which are protected such as a song, an article, or a book or say the trademark of a particular business without taking permission from the owner. If a trademark or any material is protected by copyright then you cannot use it without taking permission from the owner. If any material is generally protected by copyright it means that you cannot make it available to anyone in the public in any form.

Determining the validity period of the claim

If your material or the trademark of the company has a copyright, then the first step that you need to do is to review if the particular material is specifically matching to the claim of copyright or not. Are they using your company’s trademark for their product? Are they using the product by violating the trademark issue? If yes, then you can get in touch with the commercial lawyers Perth, who will explain to you what to do. If it is not protected under the copyright issue,then anybody can use the material. You need to license your trademark if you do not want anyone to use it.

Seeking Permission

To use the patent trademark, you need to take permission from the concerned person. Without taking permission from the particular person or organization, if anybody is using it then he or she might get into trouble. Make sure if you are giving any permission then it should be in the written form so that the concerned person can have a copy as proof whenever required. You also need to check whether the terms and conditions that you have mentioned while giving permission are maintained or not. Make sure the person you are charging should not contain all these details. If he or she has all these details, then you might be in trouble. In some cases, the company might give a person or company permission to use its trademark for a certain period say 6 months. In case, if they are still using the trademark after the validity period is over, then they could be under the breach of contract.

Regarding the license

The license of the trademark is more important than anything else. This will provide the information as how many numbers of authorized users can use the trademark. For example, the company or suppose an organization has the right to post anything regarding the company only if they have a license to do it. For online marketing, there are many companies that post articles regarding a certain brand, etc. This is only possible if the company has the right to do it. If they are posting any advertisement without taking permission from the authority then they might need to face legal authority. The license should also be protected by a password.

Legal requirements that are needed to register a trademark

  1. The trademark needs to be graphically represented to the concerned authority.
  2. The trademark should be made in such a way that it is different from any other company, and people can distinguish the product of that company by seeing the trademark.
  3. The trademark should be such that anyone should be able to make a connection between the company and the goods that it is manufacturing.

What is the use of the trademark?

The trademark is used for various purposes such as guarantee the quality of the product, adds to the brand value, identifying the services and the goods of that particular company, advertising the particular product, creating an image of the brand in the minds of the people. All these are various features of a trademark. Make sure that your trademark is registered so that no one can use it without your permission. If you have a registration of the trademark, then you can prohibit anyone from using the trademark, otherwise, any person can gain the right to use it. You can take advice from trademark lawyer.

What to do when your trade is copied?

  1. First, check whether it is the same mark that your company has or not.
  2. Inquire if there is any similar-sounding brand name or not.
  3. Check if they are working in the same area where you are working.
  4. Check if the name is affecting the other brand’s productivity or not.
  5. If yes, then you need to contact the trademark or commercial lawyers.
  6. Then send a warning letter to the concerned person or the company.
  7. If the company is still using the trademark, then you need to bring that to the notice of the court.
  8. Then you need to hire a lawyer who will fight the case on your half.
  9. The concerned person needs to pay a charge for the harm that they have done to the business.

Why should you hire Perth Lawyers?

The Commercial Perth Lawyers are well known in the country for solving such cases. They have helped a lot of companies whose trademarks were occupied by other parties without their permission. They will guide you in a proper way what you need to do and what are the steps that will help you in handling the matter legally. Get in touch with the Perth lawyers if your trademark has been copied.

Jyoti Dhiman
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