Q: I have a disclaimer. Can I stop some else from using the words on their website, logo/trademark outside the USA?
My trademark has all generic words I have a disclaimer for all the generic words on my trademark. however I have noticed a website using my trademark words on their website and company name as well as their domain have a couple words from my trademark. Can I stop them from using those generic words on their company name and their domain? They are also in the same industry and selling same products however they are outside the USA. Can I stop them?
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A: It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a cease and desist letter if their mark is infringing yours but more information is needed. You should consult a trademark attorney for assistance in preserving your rights in your mark.
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