Should you discover that a competitor has been using your trademark without your permission, it is imperative to act efficiently and speedily. Should you fail to do so, your brand could experience reputational or financial damage.
You can take several courses of action if you encounter this situation. These include:
An Informal Agreement
Initially, you may wish to address the infringement by asking the company to cease using your trademark. In some cases, the business may be using it innocently without realising that you have registered it exclusively for the use of your company. A letter that asks them to stop using your trademark may be sufficient to stop their action. Known as a “cease and desist” letter, this could be all that it takes to enforce your trademark rights.
Alternative Dispute Resolutions
If your competitor is using your trademark knowingly, you may have to take a stronger course of action which is generally a form of alternative dispute resolution like mediation. Mediation involves appointing a mediator to facilitate the discussion around the use of the trademark. When this proceeding comes to an end, the other company may come to an agreement with you that will hopefully lead to your trademark rights being successfully enforced.
Litigation
Unfortunately, in some cases, mediation is unsuccessful and formal legal action will be required. In such cases, you must instruct professional solicitors to handle your case. When your trademark is officially registered, you can easily prove that you have ownership and rights. The Court will be able to make an Order for your competitor to stop using your trademark and may also demand that they give you compensation for the reputational or financial losses that you have incurred as a result of their use of your trademark.
For more information or for expert advice on business or personal legal issues, contact us at info@carterbond.co.uk or email us at www.carterbond.co.uk or call us on 020 3475 6751.
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