Trademark infringement is a problem that businesses in Pakistan face on a regular basis. There are a few things that companies can do to avoid getting into such disputes, but it is essential to remember that there is no one – size – fits – all approach to solving these cases.
How To Avoid Trademark Infringement Cases
Here are a few tips that should help businesses avoid getting into trademark infringement disputes:
- Have an unambiguous trademark. The existence of a clear brand will enable enterprises to resolve conflicts quickly. Suppose a company can show that it is using the same name, logo, or another identifier as an established trademark holder. In that case, it will likely be able to avoid any legal challenges.
- Trademark Registration can also help businesses show that they intend to use the name for the long term.
Copyright laws are strict and businesses are strictly monitored, but trademark infringements are still a major issue in the country.
Laws For Trademark Infringement
Under the Copyright Act 1976, it is unlawful to reproduce, distribute or publish any copyrighted work without the copyright owner’s permission. Before commencing an infringement action, any defendant needs to send a written legal notice to the infringing party. This notice will be stating the intention to claim ownership of protected material. Even after that, in some cases, both parties are unable to resolve the claim amicably. Experts advised seeking legal counsel from a law firm specializing in copyright and intellectual property matters. In addition to pursuing legal remedies, copyright holders can take direct action against infringers through statutory damages and an injunction.
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Proceedings For Infringement Of A Trademark
By definition, any lawsuit filed for trademark infringement is a civil lawsuit. As such, it must follow the framework outlined in the Code of Civil Procedure 1908, as opposed to criminal complaints, which must follow the guidelines outlined in the Criminal Procedure Code 1898. Whichever court has legal and territorial authority must receive the complaint. It can be and typically is, followed by additional applications that ask for interlocutory relief or urgent hearings. After you have instituted the plaintiff, the court will hold a preliminary hearing to determine the suit’s maintainability.
Typical Legal Procedure For Solving Trademark Infringement Cases
Following below is a Typical Legal Procedure For Solving Trademark Infringement Cases:
- Suppose the court determines sufficient grounds in the objection to support a trial. In that case, it will order to summon the defendant on a specific day. After that, the court will specify how the authorities should deliver the summons or notices to the defendant.
- The defendant will be present in court in person or through legal representation. Typically, the Court will give a specific amount of time for the defendant. However, the Court may also extend that time to one month or more. Hence, this gives more time to defendants to prepare their written defense and any objections to any motions for interlocutory injunctions. Generally speaking, defendants should submit a defense application for an interlocutory injunction within a short period.
- The court will schedule a date for hearing the arguments after the defendant has submitted the defense. At this point, the court will decide whether to grant the interlocutory injunction or the orders. Furthermore, the court will proceed with the main lawsuit’s proceedings, ensuring the defendant files their primary defense.
- After that, the court will establish a date for the formulation of the issues once this primary defense has been filed, typically following any ruling on an application for interlocutory injunction. Once framed, both parties are required to provide this evidence, with the plaintiff having the first opportunity to do so through witnesses. The testimony is typically live. Expert witnesses are allowed, but they must limit their testimony to the areas in which they are most knowledgeable.
After witnesses of all the parties have been cross-examined and examined in full, the case is set aside for all closing arguments. After which, the leading case will be decided. You can also get help from your attorney business.
Get Help From An Attorney Businesses
Getting help from an attorney Businesses will need the assistance of an attorney when resolving a trademark dispute. While many businesses decide to resolve these issues independently, this is often a mistake. An attorney can help companies understand the law and navigate complicated legal proceedings.
In many cases, an attorney can find a resolution that will work for the trademark owner and the business infringing on the trademark. Avoid lawsuits if possible. Trademarks are an essential asset to businesses, and taking steps to protect them is integral to keeping a business successful. The best way to avoid having to file a lawsuit against someone for violating your trademark is to take the necessary steps to protect your business ‘ trademarks in the first place. Dealing with these kinds of legal disputes can be a frustrating process for any business. With the right tools and knowledge, however, you should be able to navigate any conflicts that arise successfully. Income Tax Appeal is a reliable institution in this regards. Contact a legal professional today for more information or help with a copyright infringement case or business law issue.
If you believe that someone has copied your copyrighted material without permission, it is crucial to take action as soon as possible. If you have questions about copyright or intellectual property law, please do not hesitate to contact our lawyers. Our lawyers offer the best consultations to determine the best Course of action for your case.
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