by Traverse Legal, reviewed by Enrico Schaefer - May 18, 2007 - h. Trademark Cease and Desist, Notice & Threat Letters
A “cease and desist” letter is always a first step in a case of (or potential) trademark infringement after you have secured the denial of a trademark application. This is because a third party will rarely stop the use of a mark following its denied registration, and simply continue the use of the mark just as before their application.
If you do not receive a favorable response to your letter, it may be time to file a complaint in federal court over this alleged trademark violation.
However, litigation is not always necessary, nor the most accommodating of your business interests. It is always possible to negotiate an agreement with the third party in order to peacefully co-exist. This would be advisable in a case where there is little likelihood of consumer confusion.
In a situation in which an agreement is best suited, it is important to have a drafted agreement that fully protects your company’s rights, both under the current circumstances, and any potential future one.
Contact a trademark infringement attorney today to discuss a response to a trademark infringement, or the drafting of a co-existence agreement.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
