A Trademark Infringement Cease and Desist Letter asks a third party to stop using a trademark in commerce. Failure to do so can lead to a lawsuit, legal action, and fees. Whether you send or receive a cease and desist letter, consult an attorney to determine the right course of action for your situation.
A Trademark Infringement Cease and Desist Letter is typically the first step toward stopping infringement. Sending a cease and desist letter helps the trademark owner preserve rights, avoid expensive legal action, and sets a precedent for future enforcement.
To write a trademark infringement cease and desist letter one must:
- First, identify the infringement, this happens when someone sells or advertises goods or services with a mark that is the same or similar to your trademark.
- Then research the use learn more about the infringement and the company or individual behind it.
- Understand whether you have the rights to the trademark or if the accused infringer’s rights supersede yours.
- Try to determine whether it’s accidental or on purpose. This can help you build a case and respond appropriately.
- And lastly, talk with an attorney while you can write a cease and desist letter yourself. It’s in your best interest to work with an attorney. Casually, written letters that lack substance won’t have an effect. If you receive a cease and desist read it, review it, research it, and talk with an attorney.
In some cases, the infringer never responds to the letter. The trademark owner can send another letter in due time. The infringer may agree to comply with the request right away. The trademark owner should document the events they should also monitor the infringer for future issues. The infringer may request licensing rights to continue to use the trademark. This usually requires a legal agreement and a licensing fee. The infringer may deny the cease and desist request under the pretense of priority of use in this case. If the trademark owner may need to take legal action to enforce exclusive rights.
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