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Terms and conditionsCommunity Guidelines

Trademark

About trademark Trademark infringement Trademark registration Validity Trademark counterfeiting Exception Content removal Removal notice Repeated abuse Notification Deliberate misleading report User report Content for external service provider connections Withdrawal of notification

About trademark

Trademark rights may vary by country. For more information about trademark rights, visit the United States Copyright Office and the World Intellectual Property Organization (WIPO). MusicMonarchy does not provide legal advice on any subject, in this case, please consult a specialist lawyer.

A trademark is used to distinguish the products or services of a company or person. The subject of the trademark can be graphics, symbol, logo, word, slogan, brand name. A trademark is protected if it is used to distinguish a product or service.

The general purpose of a trademark is to prevent misunderstandings between consumers regarding a product or service. The trademark owner may be able to prevent illegal trademark infringement by others.

Trademark law depends on several factors (the list is not complete)

  • mode of use
  • uniqueness

Within the framework of MusicMonarchy's services, the abuse of trademark rights is prohibited.

MusicMonarchy makes no representations or warranties with respect to any disputes related to this subject. As part of the MusicMonarchy service, we recommend that you resolve your trademark disputes by contacting the infringer directly, possibly in court or by any legal means. However, we allow users to report trademark abuse.

Trademark infringement

Trademark infringement is when someone or a company uses the trademark of another trademark owner without permission, the purpose of the infringement is a business purpose (sales, advertising of a given product or service) and it leads to misleading regarding the source related to that trademark.

Trademark infringement may also be affected by other factors, such as geographical restrictions or opinions or criticisms related to the given trademark.

Trademark registration

In many countries, it is possible to register trademark rights, for example

  • Within the European Union
    • at the Central European Union Intellectual Property Office (EUIPO)
    • or at the relevant national level offices of the Member States
  • In the United States
    • at the United States Patent and Trademark Office (USPTO)

Validity

Trademark law is valid indefinitely. If the trademark owner no longer uses it, or uses it unproperly, may lose the trademark rights in the trademark.

Trademark Renewal:

  • Trademarks registered with the USPTO must be renewed at regular intervals.
  • Trademarks registered in EUIPO are valid for 10 years, renewable indefinitely
  • These rules may differ from country to country

Trademark counterfeiting

Trademark counterfeiting is the unlawful use of any content of a trademark of a protected product. Advertising, distribution, trade, production of counterfeit, copied, protected items, goods, services is an illegal act that is harmful to trade, consumers and, most importantly, the trademark owner. It can be considered a violation of the law if the infringer indicates that it is a copy or forgery.

Exception

The use of a trademark does not always constitute trademark infringement or infringement, for example, as long as it does not confuse or mislead the affiliation of the service or product. This can be the case, for example, when someone uses a given trademark in commentary, evaluation, criticism. Trademark law is limited to the country or geographic area in which the trademark owner uses it.

Content removal

If we remove any content from any user, it is possible that trademark infringement has occurred. In this case, we will also send you a related informational email (we cannot assume in all cases that the removal will be preceded by the email in question).

Removal notice

In the removal notification email, the user may indicate to us that they believe they have the right to use or continue to use the content.

We will mark the related information in the email, such as

  • Notification number
  • Subject of the notification
  • Name of the rights holder
  • Applicant details: name, email address,
  • Instructions for requesting a revocation

If the user believes that the content has been removed unlawfully, please contact the rights owner.

Repeated abuse

If any user repeatedly abuses any copyright or other rights, we may disable or delete the account, profile, event. If we restore content for that user, the restoration will be considered in the event of further infringement.

Notification

If the user believes that a trademark infringement has occurred within the scope of our service

  • You can report to us (user report section)
  • You can resolve this issue without involving MusicMonarchy by contacting the owner of that account, profile, or event.

The report can only be made by the trademark owner or his authorized representative. In the case of a third party, the trademark owner or his authorized representative must be notified.

Deliberate misleading report

If a notifier is found to be fraudulently or misleadingly reporting content, we may deactivate or delete the associated account, profiles and events. The related misleading activity may also result in liability for damages under section 512 (f) of the DMCA.

User report

  • General things
    • Reporting form
    • If acting on behalf of a third party, please attach a formal statement of consent or document
    • At this time, we only accept reports from registered email addresses
      • During the report, the data of the notifier will be linked to the related registered account, profile
      • Notifier is kindly requested to send a notification from the registered email address
    • Please provide as much information as possible during the report so that we can investigate, execute and respond as soon as possible.
  • Information to be provided in report email
    • Notifier details
      • Full name
      • Address
      • Phone number
    • Notified data (who committed the offense)
      • Profile name
      • Profile url
    • Trademark Law
      • basis of claim,
      • trademark registration number
      • Affected country, continent, jurisdiction
      • the category of product or service concerned
    • Trademark related in our service
      • Description of the content and work affected by infringement
      • Description of the infringement of the trade mark concerned
      • Precise definition of content
        • Definition of content
          • if possible supported with a photo, picture cutter, screenshot, highlighted the relevant part, where the marking does not cover the affected part
          • enter the url of the content, profile, event
        • Private chat, conversation
    • Statement
      • The provided data or information is accurate
      • The notifier is aware of the terms of MusicMonarchy
      • Subject to the consequences of criminal prosecution, you claim that the content of the trademark content related to the subject matter of the infringement is owned by you or the rightsholder and that you are acting lawfully
      • You represent in good faith that the trademark rights in the content that is the subject of the application are not the property of the publisher, are not representative, or are not permitted by law
    • Electronic, physical signature

During the report, the name, telephone number and email address of the notifier will be provided to the notified party.

We will send you a reminder email about this notification with all the relevant information if you would like to contact MusicMonarchy regarding this matter. You can request more information about the case.

Content for external service provider connections

If you want to report content that we display with the help of external service providers (e.g.: Facebook, Twitter, Spotify, SoundCloud, Deezer, Youtube, Twitch, Instagram, etc.), please navigate through the direct links to the respective service provider, where you can report.

Withdrawal of notification

If you wish to withdraw a user's previous report, please email us with the details of the related report.
The affected content will be restored, and we will notify the Parties of this activity. If we can't restore by any technical reasons, we will notify the Notified Party that the content can be reuploaded.

We used a translator engine for this English content. Thank you in advance for your understanding. If you find any incorrect phrase, let us know.

Further community guidelines