Homeowner Resources

CSIA Trademark Violation Procedures

Before filing a complaint, please review the trademark use guidelines:


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 or via facsimile or e-mail. 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). Complainant will be notified when letter is sent.

Step 4- Possible Outcomes 1.If no response from alleged violator within 20 days or if UPS delivery to violator fails, then: CSIA staff will attempt to secure correct address through complainant’s assistance.  Another letter will then be mailed via UPS (signature required) to violator.  If still no response CSIA staff will try to reach by telephone and/or email.  After attempts are made to reach by telephone and/or email, legal counsel will send cease and desist letter to violator (via Fed Ex). If no response  after letter from legal, violator may be restricted for a period of two years.  Violator may request Trademark Violation Review. Complainant will be notified of final status of complaint.

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: Complainant is advised and 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 or certification has lapsed over twelve months, violator will be fined and restricted for a period of two years.  If violator has been certified in the past twelve months they will be given a specific time period to come into compliance or will be required to sign a cease and desist and remove trademark from all advertising. 

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 Board of Directors.

 

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