What if an account is using my registered trademark as its username
When someone is using registered trademark as username, he usually uses companies logo, name or any other trademark-protected insignia in a way that confuses people so they think there is a brand or business affiliation.
If the logo, name or trademark is used in a way that it has nothing in common with a product or service for the with trademark was granted, that is not considered as an Instagrams trademark policy violation. Instagram usernames can not be reserved because they are provided on a first served basis.
Companies or business owner want to have products that are easily recognized not only by their characteristics or performance but also by signs, designs, names that make them unique. This is why they create their trademarks and they register them. This way when you see a trademark you always know what company is behind it. Also, they use trademarks to promote their company in general, not just a particular product, so that they stand out in the market. Trademarks or brands help firms to become recognizable.
Their rights are protected and anyone who is unauthorized to use this has to know that they can have consequences for that.
Trademark law wants to establish a system that can guarantee that there is no confusion between products or services offered by different firm or individuals.
Instagram has the privacy policy to protect unauthorized use of trademarks.
Trademark owner usually claims his rights to a trademark trough registration with a recognized trademark office.
Instagram has a way to help people who think someone is using their trademark as their username. They just have to fill out the form and complete trademark claim. You do not have to have an Instagram account to submit a report.
Before you submit your claim you should always try to reach the person who is using your trademark as username. Maybe you will be able to resolve the problem without contacting Instagram.
If the problem can not be solved other way, you fill and submit your claim. Instagram will process the claim. As a result reported content may be removed from Instagram.
Once the content is removed from the Instagram, the party that posted the content will receive the warning letter. In this letter, Instagram will let them know that the content they posted on Instagram was removed because of the trademark claim.
If the user that posted the content thinks that there was no violation, Instagram encourages them to resolve the issue directly.
Content can also be removed based on United States trademark rights, they can directly contact Instagram and ask for content to be restored. If the Instagram team decides to restore the content, they will send a notification to the person who posted a content.
For contents removed based on United States trademark rights, Instagram will provide instruction how to contact Instagram directly if you think content you posted should not be removed.
We think that the best way to solve this issues is on a personal level but Instagram will not be informed about the problem you have. But, if this does not work, you can always count on Instagrams help.
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