TRADEMARK INFRINGEMENT

With thousands of new trademarks being registered every day, some may infringe pre-existing (trademark) rights. Be this accidentally or deliberately, fact is that conflicts must always be resolved. Preferably outside of court. After all, litigation costs can be crippling. Our Knijff attorneys are happy to assist you in case of any conflict.

Defending your trademark rights

To protect your interests, you may have to defend your trademark rights tooth and nail. That’s what trademark registration is all about. However, you must remember that it is up to you to discover possible registrations or use of conflicting trademarks. And that it is up to you to take action if you do. The trademark office will not reject trademarks registrations based on similarity alone.

Trademark watching calls for swift action

So how do you know if a similar trademark is being registered by a third party? With so many registrations being made every day it is impossible to monitor this yourself. That is where are our trademark monitoring system comes in. It monitors new trademark applications, all day, every day, and will immediately report any infringements, which we forward to you as an infringement alert. You and your attorney can then decide whether or not you need to take action.

It is also important to keep an eye on both your competitors and the market for use of any infringing trademarks. Should you find an infringement, then you must take action to prevent loss of goodwill or sales, or any other damage. Contact us immediately in such a case. Instead of merely presenting you with pages and pages of advice, Knijff takes action to find a swift and effective solution and stop the infringement.

Are you being accused?

It is also possible that you infringe a third party’s trademark. If a third party accuses you of infringement, again it is vital that you act immediately. In most cases, the situation can be resolved, especially with help from Knijff. First we will establish the rights of the third party. Then we determine your legal position. Often it’s nothing but a storm in a teacup, and the issue can be settled between parties without having to go to court.

Whatever the situation, and whatever your position in a trademark conflict, we will be happy to help. We have years of experience filing procedures for trademark offices, oppositions and drawing up and responding to cease and desist letters. If you have a conflict, you can leave it to us to sort it.

Do you want to know more about your options in case of trademark infringement?

Here you will find answers to frequently asked questions about trademark infringement.