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Trade Mark Infringement Warning Letters and How to Avoid Them

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Published Date: March 16, 2022

A trade mark registration affords the owner thereof the exclusive right to use it in relation to the goods / services covered by the trade mark registration. Unless a trade mark owner consents, or provides a license, to the use of a trade mark by a third party, use of a trade mark owner’s trade mark will amount to trade mark infringement. As mentioned, trade mark infringement refers to the unauthorised use of a trade mark by a third party. To ensure that a trade mark owner’s rights are not infringed, a trade mark owner or its trade mark attorneys will police the market and the trade marks register to identify trade mark infringing conduct, and take appropriate action against such unauthorised trade mark use.

As such, it is important to be aware of when trade mark infringement could occur and how to avoid trade mark infringement.

Trade Mark Infringement Warning Letter

If a trade mark owner becomes aware of trade mark infringing conduct, the first step would usually be to address a letter of demand to such a party. The letter will inform the infringer of the owners trade mark rights and that such conduct amounts to trade mark infringement demanding that such infringing conduct be ceased immediately.

Although trade mark owners could identify trade mark infringement, and compose a warning letter themselves, or on the contrary defend such allegations, it is advisable to consult a qualified and experienced trade mark attorney who will be able to comment on the prospects of successfully instituting or defending trade mark infringement proceedings.

Avoid Trade Mark Infringement

The best way to avoid trade mark infringement proceeding being instituted against you is to conduct extensive market and trade mark registry searches before settling on, trading under, and marketing a name, logo, device, or any other element  that might fall under trade mark law. If you feel you are not skilled enough, or lack the knowledge required to ensure that you are not infringing upon a trade mark, it is advisable to consult a trade mark attorney.

Contact us at Adams and Adams to receive expert advice and assistance within the field of trademarks, and ensure you and your business are covered.

How can we help you?

We have offices in Pretoria, Johannesburg, Cape Town, and Durban, please contact your nearest office for any legal enquiry or assistance.