trademark infringement

[brassband]

A long shot but someone might know.Last year I registered a trademark and also bought domains for an educational resource I have produced and then got it manufactured and we are just about ready to go to market.The other day I googled the name of teh product that I have registered and found out that someone has very recently started selling an educatioanl resource using my registerd TM.I have emailed her asking her to stop using it straight away.But she hasn't replied or taken the website down.Does anyone know the law on this?

What class did you register your trade mark? If it is for educational resources, and she is using the same mark then it is trade mark infringement. Quite how far you choose to go to stop her (court action?) sounds as if it is the trouble here.

You need to get proper legal advice.

The basic principle is that no-one else based in the UK (or EU if it is a Community Trademark) can use the trademark you have registered if it is likely to confuse customers/potential customers. However, the way forward depends on the circumstances. You may be able to negotiate some kind of settlement that is satisfactory to both parties. If that isn't possible, you may be able to get a court order to force her to stop trading using your trademark and pay damages. However, you must be careful as she can sue you if you make unjustifiable threats of trademark infringement. Go and see a solicitor who specialises in intellectual property law.