Nothing may be more concerning for you as a business owner than discovering others have been using the same product name, logo, design, or symbol that distinguishes your brand. Not only can unauthorized use of your intellectual property cause consumers to be deceived into thinking they’re purchasing your products or services — but inadvertent or intentional misuse of your mark can have devastating financial consequences for your company.
Trademark infringement is a serious matter. In such cases, profits that your business should have been making may instead be made by your competitor. Additionally, your quality product may be mistaken for an inferior one, resulting in damage to your business’s reputation. If someone else is using your registered trademark, or a mark that could be confused with it, it’s critical to take action to stop the infringer. The Trademark Lawyer Law Firm, PLLC is committed to helping business owners and entrepreneurs take the necessary measures to protect their brands, which begins with drafting a sound trademark cease and desist letter.
The more successful your trademark, the higher the likelihood that someone else will want to imitate it. If you have been monitoring trademark registries and come across an application for a potentially conflicting mark — or somehow learn that another business has been using your mark — it’s essential to enforce your rights.
A cease and desist letter is not a lawsuit. Generally, it is a good faith attempt to settle your trademark dispute before you engage in litigation. It can also serve as important evidence in an infringement action. We have decades of combined experience preparing strong cease and desist letters for businesses in a broad range of industries. Whether by settlement or litigation, we can help you reach a positive outcome in your trademark infringement case.
Successfully registering your trademark with the United States Patent and Trademark Office gives you the protective rights to use the mark. If you identify potential infringement, sending a trademark cease and desist letter is the first step to take in safeguarding your brand. A cease and desist letter puts the recipient on notice that you are asserting your priority rights to the mark and will pursue a legal remedy if their wrongful use continues.
Although requesting that someone else stop using your intellectual property might seem like a straightforward concept, drafting a solid trademark cease and desist letter can be complex. A cease and desist letter for trademark infringement must be prepared carefully and strategically, based on the facts and circumstances surrounding the trademark dispute.
Importantly, a trademark cease and desist letter should also contain several crucial elements, including:
Failure to properly monitor your mark and take action against potential infringement can result in your losing any rights to your own trademark. Our attorneys know how hard you worked to build your business. We are dedicated to helping to ensure you satisfy your legal obligation to secure your trademark and protect your brand.
Receiving a cease and desist letter after you’ve built your brand around a particular slogan, design, or symbol can be extremely unsettling. Although you may be feeling distressed and overwhelmed if you’re facing an accusation of infringement, the claim should be carefully evaluated before crafting your response — not every cease and desist letter may be justified. In order for a cease and desist letter to be valid, the sender’s rights must be senior to yours, and the marks must be confusingly similar.
Depending on the facts of the infringement claim, there are several arguments you may be able to raise in response to a cease and desist letter. For example, you may have a good defense to an infringement claim if you can show that your mark doesn’t meet the criteria necessary to establish a likelihood of confusion. In addition, even if you knowingly used the mark, you may be able to argue that there was a period of non-use by the prior owner, rendering the mark abandoned.
If you’ve been using a certain mark believing it was yours and another has asserted their proprietary rights, it’s imperative to seek the guidance of a trademark attorney to help shield your business from potential litigation. Our knowledgeable trademark attorneys can determine ownership of the trademark, ascertain the validity of the cease and desist letter, and develop an effective argument to obtain the best possible result in your case.
If another company has willfully or innocently infringed upon your registered trademark, an adept trademark attorney can assist you with preparing a cease and desist letter to enforce and protect your rights. Located in Ann Arbor, Michigan, the Trademark Lawyer Law Firm, PLLC offers clients comprehensive solutions, strategic advice, and efficient legal services to business owners nationwide. Having successfully registered more than 5,500 trademarks, we are devoted to helping our clients accomplish their business goals. Contact us today to schedule a free 15-minute consultation to discuss your trademark cease and desist matter with an experienced trademark attorney.