CSIA Trademark Violation Complaint Resolution Procedure

Step 1- Complainant must complete a Trademark Violation Complaint Form(.pdf). Form must be completed and submitted via United States Mail with a valid postmark or via facsimile or e-mail with a date stamp. Completed form must include name, company name, address, and phone number of the alleged violator. Completed form must include name, company name (if applicable), address, phone number, and preferably the email address of the complainant (for office use only; complainant's name will not be shared with the accused violator). Completed form must include dated proof of violation. Valid documentation includes yellow pages ad with cover, newspaper ad, invoices, flyers, etc.

Step 2- Staff reviews case to determine if complaint is valid. Complainants are notified if their complaint is determined to be frivolous.

Step 3- Trademark violation letter generated by the staff. Trademark violation letter, along with copy of recent trademark litigation order, is mailed to Violator via UPS (signature required).Copy of letter is sent to complainant via U.S. mail.

Step 4- Possible Outcomes 1.If no response from alleged violator within 20 days or if Fed Ex delivery to violator fails, then: CSIA follows up with telephone call to violator. If still no response within 15 days, then legal counsel sends cease and desist letter to violator (via Fed Ex).If no response within 20 days after letter from legal, second letter from CSIA (sent via U.S. mail) notifying violator they are not eligible for certification for a period of three years. Violator may request Trademark Violation Review. Complainant notified via U.S. mail of status.

2.Alleged violator responds to CSIA's letter. Violator signs C&D letter sent to them and sends back to CSIA office.

3.If violator states they will cease and desist then:CSIA acknowledges receipt of violator's letter in writing and seeks written assurances from violator (letter sent via U.S. mail).Complainant is asked to monitor situation for future violations.

4.Violator responds to initial letter with request to comply through certification or renewal: If violator never certified as determined by a review of our database records then request for compliance may be granted, but violator must become certified within 90 days, or request may be denied and violator may be subject to 3-year suspension.

If violator's previous Certification has expired
• If previous certification expired recently, then violator’s request for compliance through renewal may be granted.
• If previous certification has lapsed for an extended period of time, then request for compliance through renewal may be denied.
• In either case, violator may request review by CSIA Ethics Committee.
 

Questions About CSIA Trademark Use or our Code of Ethics?

Please contact:
Sherri Ellison
sellison@csia.org
(317) 837-5362