Cease And Desist Letter Replace Mark For Free

You can send out a cease and desist letter even if you haven't registered your trademark with the USPTO. However, you may be able to defend your unregistered mark only within certain geographic parameters. If your trademark is not registered, send a sample of your mark with the cease and desist letter.

You need to be aware of certain risks when sending the cease and desist letter. For example, if you threaten the infringer with a lawsuit, they could file a declaratory judgment (i.e., DJ) action against you. The DJ action asks the court to resolve the dispute between you and the infringer.

A cease and desist letter is a written notice in which the sender requires the recipient to stop an illegal or allegedly illegal activity. The letter can come from an individual, an attorney, or it can be an order or injunction issued by a court or government agency (in which case it's considered to have legal power.)

Responding to a cease and desist letter Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.

A cease and desist letter is not legally binding and reflects the opinion of an individual, typically an attorney. A cease and desist letter may serve to warn an offender that legal action may take place if they don't stop the activity.

The most common consequence for not following a cease and desist letter is a lawsuit that can result in a judgment against you. Some less severe consequences include garnishment of wages and defamation suits which could result in reputation loss for individuals or companies respectively.

Fundamentally, there are two ways to respond to a cease and desist letter. You can either (i) agree to comply with the sender's demand, or (ii) dispute the allegations against you or your company.

Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.

Even if the sender demands or requires action, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.

You'll end up in a lawsuit.If you ignore a cease-and-desist letter, the next thing waiting for you could be a summons and complaint, alerting you that you've been officially served with a lawsuit.