If you received a trademark cease and desist letter (“C&D letter“), then it is important to respond. Below, I explain what you should do if you receive a C&D letter.
What Should I Do If I Received a Cease and Desist Letter?
First, read the letter carefully and contact a qualified trademark attorney.
An attorney usually writes a C&D letter, and sends it to an individual allegedly infringing upon a trademark.
A C&D letter explains the legal rights to a trademark name. For example, the letter typically contains references to:
- the aggrieved party’s trademark rights,
- proof of registration,
- exhibits containing specimens,
- demand to cease and desist, and
Thankfully, a qualified trademark attorney can help review the letter and see if the C&D letter has merit. In fact, the USPTO recommends hiring a private trademark attorney. Failure to respond to a C&D letter can have major legal consequences, such as the adverse party filing suit.
Does the Cease and Desist Letter Mean I Engaged in Trademark Infringement?
Briefly, a cease and desist letter’s purpose is only to place you on notice. Apparently, another individual believes you infringed upon their trademark rights.
I Want to Send an Infringer a Trademark Cease and Desist Letter
Generally, you must register your trademark before sending a trademark cease and desist letter.
A trademark identifies the source of goods and/or services. A trademark distinguishes your mark from others.
Trademark registration confers proprietary, exclusive territorial rights to the use of a name, logo, or slogan. In addition, registration is limited to the scope of goods and/or services selected. For instance, the there are two owners for “DOVE”–one owner sells chocolate, while the other sells soap.
As such, trademark registration comes with a powerful right–the ability to exclude others from infringing upon your mark. This is where trademark C&D letters come into play. A C&D letter is the stop gap between normal business and litigation.
Conclusion and Recommendation
In summary, if you receive a trademark cease and desist letter, do not panic, but read the C&D letter carefully. In conclusion, Syed Law offers competitive, flat fee trademark cease and desist letter packages.