Why Appeal a Trademark Claim
In other to avoid financial or creative losses that occur as a result of an infringement, it is important to protect a trademark. In addition, an incalculable amount of dilution is placed on the trademark when there is an infringement from another company or individual.
When it becomes necessary to appeal a trademark claim, it is important to know that protection can be obtained against trademark infringements from the United States Patent and Trademark Office. This agency can help to provide the needed protection against trademark infringements.
How to Appeal a Trademark Claim
Before appealing a trademark claim, ensure to compile all relevant examples or documents that prove that the registered trademark has been unjustly or unfairly used. These examples must be properly prepared and organized for ease of presentation, in case there is a need to go to court.
Then try to locate the serving Federal District Court for that location. To initiate civil lawsuit proceedings against the firm (organization) or individual, a petition should be filed with the court clerk. When filling out court documents, ensure to present the contact and background information on the defendant, present every relevant trademark offense in a detailed manner, the reference numbers for the original trademark filing, as well as any other requested information from the district court.
A “Cease and Desist” letter should be created and sent to the firm or individual that is engaged in the act of violating the trademark. Every relevant trademark that has been violated by the firm or individual should be categorically stated or specified while citing specific examples.
A specific day should be provided by which the trademark must be discontinued to be in use by the defendant. Do well to explain this date as the cutoff that must be observed before any civil suit proceeding is started. The importance of the “Cease and Desist” letter cannot be overemphasized as it will go a long way to support the case in a district court. It stands as a proof that signifies that an attempt was made to contact the violator before the commencement of any legal proceedings.
Also, the defendant should be presented with an “Intent to Sue” letter. The aim of doing this is to notify the defendant that they are mandated by the law to appear in a Federal District Court of Law on a stipulated date.