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What can you do when someone hijacks your trademark? 

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leon2112 | (Level 3) eNoter

Posted November 10, 2013 at 10:54 PM via web

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What can you do when someone hijacks your trademark? 

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eir | College Teacher | (Level 3) Adjunct Educator

Posted November 11, 2013 at 1:23 AM (Answer #1)

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First of all, hopefully you've already filed for a trademark with the US Patent and Trademark office. (You may also have a common law trademark or a state trademark).

If your trademark has already been approved you can begin by sending a cease and desist letter to the person infringing.

If that doesn't work you can also hire a lawyer to file a claim with the US Patent and Trademark office. Often you will need to act within the first thirty days. You will have to prove:

  • that you have a prior claim on the mark

and that

  • the infringement might cause customers to confuse the other person's product with yours.

Sources:

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