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Author: Sanchelima & Associates


Before knowing anything about trademark infringement, it is necessary to find out what is trademark and how it affects one’s business.

Let us know what is a Trademark?

Trademark is used to protect and show the rights of a registered user, where the goods produced by the manufacturer is marked specially to indicate and distinguish it from that of their competitors. It is used to safeguard and show these goods are manufactured by a specific, concerned company who are registered with the authorities. Trademark protection extends beyond the symbols, words, or it extends beyond the phrases, It may be extended towards the type of packaging one adopts or the color of packing and use of logos and many other things. The trademark may be the color of the product, or it may be the design of the product, or it may be a logo used on the products.

Trademarks made easy to identify the products and consumers buy anything once they know the manufacturers are producing the goods consistent with quality and expected standards, they buy other products based on their past experience. The unique patterns and styles displayed in the trademark stands for the standard, quality and price of premium goods of that specific company.

The federal government and state government protect the trademark rights. The laws governing the trademark are same almost in the state government and federal government. The trademark law is known as the Lanham act has recently been amended in the year 1996. Depending upon the type of trademark, they are categorized under four different groups. It is again based on the relationship between the product and the trademark. Based on these features they are categorized as Arbitrary or fanciful, suggestive, descriptive, and generic. These groups define the products and each group has distinguishing characters that clearly indicate the importance of the trademark used for the specific products. Filing a Trademark in Cuba, is not a miniscule job, it requires widespread experience in the same field for many years.
A business lawyer, Miami understands perfectly what is required to win these types of cases. The court believes in witnesses, evidences, and proofs. Again, as I mentioned earlier, the implications of trademark infringement can affect business very badly and sometimes the offense seriously affects the business of the original company and it requires suitable action at the earliest. Now it is a time to know about selection procedure. How should you select your trademark lawyer?

You should know your lawyer better before you hire him/her to fight your case. Do you feel comfortable enough to share all the details and discuss the consequences of infringement, is he interested enough to understand your case? Check out his credentials, and find out his success ratio in fighting similar cases. At the same time you should focus on the cost of filing such a case in the court of Justice, find out how much he is expecting per hour or per day. Find out where he is located? Does he locate in your city? These information, though may appear trivial, will help you lot when you are fighting your case. For more details visit here: http://www.sanchelima.com/international-law/

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