Tulsa, OK asked in Trademark for Oklahoma

Q: Hello I don't want my trademarks appear on your website how do I get them off here

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2 Lawyer Answers
Michael Gerity
Michael Gerity
Answered
  • Trademarks Lawyer
  • Phoenix, AZ

A: Generally, if another party is using trademarks without permission, the first step is to send them a demand letter or "take down" notice. Of course, there are a number of circumstances where use of trademarks by a third party is allowed, such as for use in comparative advertising, where the use is descriptive, when the mark is used only to describe products/services, parody, nominative use, etc. With "fair use" such as these examples, the holder of the trademark cannot generally force a third party to remove trademarks.

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Jason Brooks
Jason Brooks
Answered
  • Trademarks Lawyer
  • los angeles, CA

A: It depends what the particular use is, but generally, if someone is using your trademark in a way in which they are not authorized, you can have an attorney take steps to police the mark by sending a cease and desist letter to the infringing party, demanding that they stop using the mark immediately. You can also send a takedown notice to the website’s ISP. A last resort of course is the filing of a lawsuit. If you need further assistance feel free to email me at: jason@altviewlawgroup.com

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