All Questions in Trademark Disputes >> It is eligible to claim the violation of trademark or not?

It is eligible to claim the violation of trademark or not?

Posted by . updated on 7/24/2018
Hello and thank you for reading this.

I have a situation where an Italian company claimed that I've violated their rules of registration trademark via Instagram and I mean that we use the same Brand name, different logos, different services but his brand is trademarked only in Italy and I am from a different country, unregistered, untrademarked.

The question is if he is eligible to claim me as trademark infringement as long as I am from another country and his brand is trademarked only in his country (Italy) and not worldwide or in my country.

What are the things that I should take care in this situation.

Thank you for your time and any information is helpful.

Juli
Answers (1)
 
Kavita Wankhade
Thank you for your question. Trademark protection is territorial in nature. Trademark laws apply only in their applicable country or jurisdiction. The other party may not claim trademark infringement in your country unless the trademark is registered in multiple jurisdictions including your country.
It is always advisable to get your trademark registered for the better protection. If a trademark has been registered, then it is much easier for the trademark owner to demonstrate its trademark rights and to enforce these rights through an infringement action.
For more details please contact our customer service at 877-794-9511(Toll free).
 

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