Trademark Infringement Warning Letter – An Overview

A trademark Infringement warning letter is an authorized notice that is issued to an individual who uses someone’s registered mark without any consent from the actual owner of a Trademark in due course of trade. Illegal usage & access to someone else’s Trademark is a violation of the rights of the actual, registered owner. This article will talk about the meaning of the Trademark Infringement warning letter, what it includes, and where you can get this issued.

Meaning of Trademark and Trademark Infringement

Trademark

A Trademark, also popularly known as a brand name in the language of layman, which is a symbol representing a company. It found to be a picture, device, word, a letter, a word or a combination. It performs as a tool using the general public can distinguish between the goods & services provided to them.

Trademark Infringement

When an individual who is not the registered Trademark owner uses the alleged mark with a deceptive intention to create a fake identity among the people with the mediocre mindset in the course of Trade, it is known as infringement. In other words, if an individual uses another’s registered Trademark and claim to own it, then it is known to be an infringement case. An authorized notice is a starting stage that leads to legal proceedings concerning Trademark infringement. It is sent by the party who claims that their authorized rights have been violated to the party who has supposedly violated the rights.

Let’s Understand the Meaning of Trademark Infringement Warning Letter

An infringement notice is an authorized notice that is issued to an individual to a person who uses someone’s registered mark without consent or license in the due trade course. Illegal^[1] usage or access of other registered Trademark is known by the infringement of the lawful rights of the actual registered owner. When an individually using someone’s registered Trademark, then only a Trademark Infringement warning letter is issued. The initial condition is that the Trademark should be registered before starting a violation action.

Things that should be there to start a violation or infringement action

• The Trademark upon which the candidate wants to file a suit should be either confusingly similar or identical to the registered Trademark;
• The Trademark Registration should specifically cover the products and services;
• The use of the supposed infringing Trademark should be in the trade course;
• One should make use of the reportedly intruding Trademark.

What Does a Trademark Infringement Warning Letter Comprise?

The Trademark Infringement warning letter comprises the following elements:

• Address, name and other details of an individual who has allegedly violated the Trademark;
• Registered Brand Name or Trademark details;
• Details concerning when the violation has taken place;
• All the complaints and facts shall be mentioned in detail with correct dates;
• Detail concerning how the registered owner is being affected;
• What actions does the candidate require against the respondent;
• Details concerning the earlier communications should be mentioned in the lawful notice;
• Legal Rights available to the registered Trademark owner shall also be mentioned;
• A reasonable time period should be given to the respondent for the reply of the notice, i.e., usually fifteen days;
• The notice shall be sent by the lawyer on his or her letterhead, and a copy of the same shall retain as a record with the lawyer or the Trademark owner.

When a Trademark Infringement Warning Letter issued?

This notice is a legal notice that is issued when an individual uses someone’s registered Trademark. If someone violates the legal rights of the registered owner of a Trademark by illegal usage and access, then this warning letter will be issued.

Benefits of issuing a Trademark Infringement Warning Letter

There are some benefits of issuing a Trademark Infringement letter:

• The registered Trademark owner makes his or her grievances evidently clear.
• It’s time-saving, whereas the proceeding of the court could be time taken.
• The letter of warning also defines the action that can be taken on the non-fulfilment of conditions that the infringed party demands to be met.
• Creating awareness among the general public who are not well aware of the authorized rights of a registered owner.
• By sending an infringement warning letter in the matter of Trademark violation, pointless costs can also be saved.
• It provides a chance for both parties to resolve the matter kindly.

Conclusion

Trademarks are differentiable logos, signs that differentiate them from other products or services of a company. If they are registered Trademark, they cannot be used without the Trademark owner’s consent, who has a special right of the Trademark. If they do so, the Trademark owner, in his full capability, can write a Trademark Infringement letter to the violating party to warn them and make them stop using their Trademark. Attorneys always suggest sending an infringement warning letter to prevent the time taking proceedings of the court where the things may turn ugly too.

Read our article:Take a Look at the Legality Concerning Trademarks of E-commerce