We have published a wide variety of trademark information on this trademark blog page. We hope that you find the information useful. However, if you have a trademark legal issue, the pages located on this website are no substitute for competent legal advice. Please send us an email, fill-out our contact form, or give one of our trademark attorneys a call. If you need to register a trademark with the USPTO or have a trademark issue, we can assist!
A trademark cease and desist letter is a legal demand letter sent to an person or business that is using a trademark or trade name in a manner that is likely to cause confusion or trademark dilution with the rights of the trademark owner. The letter typically requests that the recipient stop using the infringing mark and/or take specific steps to remedy the situation, such as changing the infringing mark or discontinuing the infringing activity.
The purpose of a cease and desist letter is to give the recipient notice of the trademark owner’s rights and to request that they stop the infringing activity. This is usually a preliminary step taken before the trademark owner takes legal action, such as filing a lawsuit. A cease and desist letter can be an effective way to resolve trademark disputes without the need for expensive and time-consuming litigation.
The letter should set forth the specific allegations of trademark infringement, including the date of first use of the infringing mark, a description of the infringing goods or services, and the reasons why the recipient’s use of the mark is likely to cause confusion or dilution with the trademark owner’s rights. The letter should also include a deadline for the recipient to stop the infringing activity and a warning that the trademark owner will take further legal action if the recipient does not comply.
It is important to note that cease and desist letters should be written by an attorney who is experienced in trademark law. Our trademark attorneys help trademark owners draft letters that are legally sound and effective in achieving the desired result preventing further infringement and possible dilution in the marketplace. Additionally, on the other side of the coin, a recipient of a cease and desist letter should consult with an attorney before responding to the letter or taking any other action in response to the allegations of infringement. If you are contemplating sending a cease & desist letter to a possible infringer, or you have received a cease & desist letter demanding that you stop using your trademark in the marketplace, contact our trademark attorneys. We can assist!
Are you launching a new company or developing a new brand or product and need to clear and/or register a trademark? Are you an online seller enrolling in a brand registry program? Are you looking for help with another federal trademark matter? We can assist! Please do not hesitate to give us a call or fill out our contact form. There is absolutely no charge to schedule an initial consultation with one of our trademark attorneys.
NexTrend Legal, LLC, a trademark law firm with offices in Charleston, South Carolina and Jacksonville, Florida. Our trademark attorneys provide federal trademark services to businesses of all sizes, new start-ups, franchisors, inventors, product developers, online sellers and entrepreneurs throughout the US and internationally. Our federal trademark services include, but are not limited to, trademark search, trademark registration, trademark monitoring, trademark office actions, trademark oppositions, trademark renewals and more.
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