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未能保護自己的商標

商標持有者應該努力保護自己的商標不受他人侵犯和濫用(例如,模糊/玷污商標,不正當競爭,假冒,不實廣告或惡意搶注),這些都可能損害業主良善的商業信譽。商標所有者不需要親自揭露,這些都可能產生衝突,或對每一個侵權的可能展開訴訟。然而,一個完全沒有保障的商標將削弱業主日後的權益,這些權益可能削弱了日後有可能的名聲與信譽 。所以,業主至少應該樹立主動監視美國專利商標局註冊申請,互聯網和其他用途的管道。

擁有著名商標或者擁有較高預算的公司都應考慮聘請專業的監視人員進行搜索和留意商標活動。此外,預算較小的公司也應該向他們的員工,承包商,客戶,持牌人及交易對手詢問以便觀察可能引起未來糾紛的問題。無論哪種方式,當可能潛在的侵權被指出,商標所有人就應當馬上調查和評估相關因素,如第三方的所有權,使用的優先級,使用類型和混淆的可能性。

如果回應是必要的,業主應評估自己最想要的結果為何,包括金錢賠償,禁制令,商標許可協議,共存協議或和解協議。聯邦訴訟及取消或異議美國專利商標局的商標審判和上訴委員會的程序在時間,金錢和資源方面的代價是昂貴的,所以法律保護的重點應該在標記和貨物的相似性,數量的相似性,建立的侵權產品,價值和其他適當的考慮等方面作為基礎的考量。

較輕微的侵權則可能不符合成本效益。儘管如此,商標所有人仍應繼續定期監測這些侵權者。他們也應該隨時準備大力行使自己的權利以免侵權擴大,或者潛在的危害增加。這樣一來, 商標所有人可以防止其商標的損害,也防止其商標可能的日後爭議。

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What Our Clients Say

Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.

LI H.

I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.

G.L.

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