Trademark filings: issues involved
Posted: Jan 06, 2016
There are some common issues involved in the trademark filings. It is necessary to understand the implications and one should not get confused these issues with that about copyright issues. Therefore, it is better to know what is a trademark and what is copyright before going further with this article. Let us understand what is a trademark.
A trademark is used by companies and business firms, that immediately identifies with the firms concerned. Their trademark is used in all their business products. They are identified with the belief and faith of consumers. Most of the times, consumers look out for the trademark and if they find that trademark they will buy the product without even inspecting anything about the product. This attitude is an outcome of faith and reliable service provided by the company in their previous products. The right to have a trademark specific to the company assist them to gain financial and ethical rewards and benefits that have direct impact on the product and product development. Therefore, filing a trademark in Cuba means, others are reaping the benefit of a trademark already developed and nurtured by a company.
Trademark law protects the owner’s rights against others making undue use of the trademark. When others use such a trademark they are liable to face legal actions. Trademark owners can file a case against such persons or business concerns if they are found guilty. To achieve required results the owners of a trademark need to prove the authenticity of the trademark. They need to prove the fact that trademark has license, and it is a legally protected trademark. The owner should establish that defendant is using the mark illegally and benefitting by such an act.
Contact business lawyer, Miami if you are facing any such trademark issues. Know what happens when somebody sues for the trademark infringement. When your business lawyer is successful in proving the trademark infringement, then the court will issue an order to stop all such activities and the defendant should stop using the intended mark. All the articles consists such a mark on the products will be ordered by the court to remove, or to repack, or to recall or to destroy.
Business owners should know what type of trademark they are using before they implement a trademark in their products. It is better to register their trademark before using in their products. This will enable business owners if the same type of mark is already in use or not. When an application is forwarded to register for a trademark, the authorities will check out for similar trademark. If they found their design resembles with any other trademark already registered, then it has to be redesigned to get approval. To win over such type of infringement filings, it is necessary to prove that the complainant or plaintiff owns a valid trademark. It has all the right to protect and propagate his trade mark. He needs to produce a registered trademark certificate so that he can establish his legal rights with respect to the trademark. He needs to provide beyond doubt that there is an infringement and defendant is reaping all the benefits.
Author Bio: The writer is an expert in the field of intellectual property law firm with focus on Filing a Trademark in Cuba. His Articles Intellectual Property Attorney Miami are delightfully read by user.
The writer is an expert in the field of music gifts with focus on Musical Jewelry Boxes & Musical Gift.