Cease & Desist Letters
Trademark Cease and Desist Letters
A trademark cease and desist letter is a letter that a trademark owner sends to a person or business that is infringing on their trademark rights. This is most commonly done with counterfeit products and businesses that use the same name or logo as another. Trademark infringement is one of the most common legal issues that small businesses run into. Many times, it is simply because of misinformation and is harmless, but sometimes it needs to be dealt with by an attorney.
Quest Business Law PLLC helps trademark owners protect their rights by drafting and sending cease and desist letters to the infringing person or business. If someone has been using your trademark or a mark that is confusingly similar to yours, contact our trademark attorney to learn about how Quest can help.
When You Should Send a Cease & Desist Letter
As soon as possible! Not only is it the best advice, but it’s also the trademark owner’s legal duty to police your mark. The USPTO requires that trademark owners protect their marks and address any infringement in a timely manner. As soon as you notice that someone else is using one of your trademarks, contact an attorney to get a professional cease and desist letter.
Why You Shouldn’t Write A C&D Letter Yourself
There are tons and tons of free trademark cease and desist letter templates available on the internet, but most of the time they won’t get the job done. This is because every trademark infringement situation is unique and rarely fits squarely in a fill-in-the-blank form. In addition, an experienced trademark attorney will know exactly what needs to be put in the letter to be the most effective. While this may be more expensive at first, it can save you a lot of time and money in the long run. Having an attorney-drafted letter also looks more professional and typically prompts the infringing party to respond faster.
What Do I Do If I Received A Cease & Desist Letter?
Acting quickly is just as important on the receiving side. If you’ve received a cease and desist letter, you need to respond in a timely manner to avoid potential legal action, like a declaratory judgment. Quest can also help you respond to a cease and desist letter and negotiate a settlement if necessary.
Quest Can Help Protect Your Brand
Quest Business Law PLLC helps small business owners protect their brands with a variety of legal services including trademark registration and defense, copyright registration, LLC formation, and more. If you need help with any of these services, reach out to us today to get started.