Trademark Cease and Desist Letter
Learning about cease and desist letters can be a challenge due to the wide range of differences that exist between different types of cease and desist letters.
But let us take a closer look at the things you should know about trademark cease and desist letters and how to properly put one together.
What is a Trademark Cease and Desist Letter?
One thing to keep in mind is that a trademark cease and desist letter is not the same thing as a copyright cease and desist letter. While they may seem similar, a trademark cease and desist letter is used to ensure that someone stops infringing on a trademark that you’ve federally registered.
Much like other kinds of cease and desist letters, trademark cease and desist letters are used to stop someone from infringing on a trademark without needing to pursue legal action. While a cease and desist letter threatens legal action, it isn’t legally binding and it just informs the receiving party that you will follow up with a lawsuit if they don’t stop.
Before you start putting together your cease and desist letter, it’s a good idea to have all of the info at your disposal. Start off by heading to the USPTO to find the trademark’s registration number. Keep in mind that you don’t have to send the letter yourself if you’re the trademark holder.
You can also send out a cease and desist letter through your legal counsel. If your lawyer is drawing up your trademark cease and desist letter, it’s likely that they already have their own templates that they’re going to use, but you can also find your own if you’re going to send it yourself.
Sending your own trademark cease and desist letter allows you to save money on legal counsel, but it will also require a bit of work on your part. First, you’ll need to find the right template and then you’ll need to fill it out with all of the relevant details, including when the recipient should cease and desist their activities before you take the matter to court.
If you’re drafting your own trademark cease and desist letter, you’ll need to start off by informing the party of the exact trademark that they’re infringing upon. After that, you’ll need to detail how the infringement is taking place, also known as a description of the infringement use.
After that, outline the trademark name, as it’s outlined in the United States Patent and Trademark Office and include the registration number. Also be sure to mention that you have the exclusive right to use or restrict the usage of the trademark and mention the potential repercussions of them continuing their use.
In most cases, parties will be scared into halting their use of your trademark, but if they fail to do so, the filing party will need to bring the matter to court. If this is the case, it’s usually a good idea to gather evidence of the unauthorized use in advance.
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