If you find that your trademark is being copied or used without permission by another party, here are the steps you can take to protect your rights:
1. Document the Infringement and/or Gather Evidence
Take screenshots, photos, or copies of the infringing use of the trademark. Ensure you have sufficient evidence of the trademark use, including dates and locations.
2. Verify Registration
Make sure to check if the trademark under the infringer’s name has been applied for registration at the Directorate General of Intellectual Property (DJKI).
3. Send a Warning Letter
Whether you plan to use a legal consultant or not, you can send a warning or notification letter to the infringing party (whether they have applied for registration with DJKI or not), requesting them to cease using the trademark and remove the infringing materials to avoid public confusion. Provide a specific deadline for the infringer to respond and take the requested actions, including any penalties (if applicable).
4. File a Complaint with DJKI
If after verifying the registration, the infringer’s trademark is in the publication or announcement period, you can file an objection with DJKI for a fee.
5. Legal Action
If the above steps are unsuccessful, you may need to consider legal action, either criminal and/or civil.
