What happens if you don't defend trademark?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

How do you write a cease and desist letter?

The elements of a cease and desist letter are rather simple: Include your name and address. Include the recipient's name and address. Demand the recipient to stop the harassment. Send it via certified mail, return receipt requested.

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Trademark Cease and Desist Letter

Orange California Trademark Cease and Desist Letter

Name: Orange California Trademark Cease and Desist Letter
Brand: US Legal Forms
Rating: 4.63 (441 reviews)

Category:

Copyrights Patents and Trademarks - Trademarks

State:

Multi-State

County:

Orange

Control #:

US-02184BG

Format:

Instant download

Description

Trademark Cease and Desist Letter

How to fill out Orange California Trademark Cease And Desist Letter?

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FAQ

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.

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

The elements of a cease and desist letter are rather simple: Include your name and address. Include the recipient's name and address. Demand the recipient to stop the harassment. Send it via certified mail, return receipt requested.

If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away. You might even think you are out of danger.

A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures.

While a cease and desist letter may come as a shock, it is important to stay calm and not to respond immediately without careful consideration of possible consequences. Any comments you make to the sender or on social media could be used against you in future litigation.

The United States Patent and Trademark Office does not police the use of trademarks by third parties. As a result, registered trademarks need to be defended at all times and mark holders must continually police marks for unlawful use by third parties.

How to Respond to a Cease and Desist Step 1 Read the Cease and Desist Thoroughly.Step 2 Request Legal Assistance.Step 3 Contact the Sender.Step 4 Decide the Next Move.Step 5 Negotiate and Obtain a Hold-Harmless Agreement.

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Orange California Trademark Cease and Desist Letter

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