Can China revoke trademarks?
Trademark owners are reminded that any person can apply to the Chinese Trademark Office, to cancel their a trademark registration on the grounds that it has not been used at all for three consecutive years.
How can I check if a trademark is registered in India?
Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.
What to do if you have a trademark dispute?
If you need to file a lawsuit, get an attorney…But keep in mind there are other means of dispute resolution Trademark lawsuits are particularly complicated, so if you need to file a trademark lawsuit you should hire an experienced trademark litigator to assist you.
Can a trademark be registered in more than one country?
Answer: One can directly file a trademark in the jurisdiction of interest with or without taking priority of domestic mark. Another mode of international registration of a trademark is facilitated through the Madrid Protocol which acts as a vehicle to enable registration in multiple countries taking priority of one of the countries.
Can a person be sued for an unregistered trademark?
However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.
Do you have to go to court to enforce a trademark?
That said, other forms of dispute resolution, such as mediation, can often be better, less expensive and more effective choices where none of the parties involved have the resources to litigate the matter in court. Unfortunately, even if you take a responsible and measured approach to enforcement, you still may need to go to court and sue someone.
Can a company dispute the use of a trademark?
If you have an online presence, companies might see your website and dispute your use of potential trademarks under the theory you are infringing on their intellectual property (IP). Disputes can take many forms and each type of dispute requires specific defense tactics.
Can a trademark owner take a case to federal court?
Even when a plaintiff chooses state court, it may be possible for the defendant to have the case “removed” to federal court. If the trademark owner is able to prove infringement, available remedies may include the following: a court order (injunction) that the defendant stop using the accused mark;
Who is entitled to sue for trademark infringement?
Only the registrant of a mark (including the legal representatives, predecessors, successors, and assigns of the registrant, or an exclusive licensee) has standing to sue for infringement.
Can a trademark owner claim likelihood of confusion?
In addition to claiming likelihood of confusion, a trademark owner may claim trademark “dilution,” asserting that it owns a famous mark and the use of your mark diminishes the strength or value of the trademark owner’s mark by “blurring” the mark’s distinctiveness or “tarnishing” the mark’s image by connecting…