Role of Cease & Desist Letter in Trademark Infringement
Trademark Infringement is a serious matter that often disturbs the functionality and ambiance of the Intellectual Property (IP) industry. Hence, one should address this issue as soon as it gets discovered. In the present era, on one side, companies or individuals who infringe trademarks do not comprehend the legal implications of cloning or using a mark without their owners’ consent, and on the other side, owners themselves are unaware of the procedure of stopping others from exercising these unlawful acts. These are the two main reasons why the number of trademark infringement cases is increasing day by day. Intended to provide you with a complete insight into the first step one should take to stop trademark infringement, i.e., Cease & Desist Letter, this article will be beneficial for you to evade legal concerns and expenses related to bringing formal proceedings for IP infringement.
What is a Cease & Desist Letter?
It refers to a legal document provided to an infringer who can be an individual or the entire business to cease the act of infringing on the original owners’ IP. It also asks the offending party to correct or compensate damages resulted due to the infringement. The letter serves to point out and end up the wrongdoing, which would be copying or using a trademark unlawfully on the part of a person or entity with legal justification. In short, it is a document that may help you to prevent the offender from continuing to violate your mark without facing unnecessary delays or costs associated with taking lawful actions.
Note that the cease & desist is applicable not just to trademark infringement; instead, it is also valuable in cases of defamation, harassment, or several other forms of IP issues. For instance, Patent Infringement, Copyright Infringement, and more.
Is a Cease & Desist Letter Legitimately Binding?
No, this letter is not legitimately binding. It just outlines the opinions and requests of a person, usually an IP Attorney or trademark solicitor representing the aggrieved individual or party. The letter doesn’t indicate even the court action that can be the next step if the offender fails (intentionally or unintentionally) to respond to the owner, i.e., the sender of the letter as he/she intended.
How to Write and Use a Cease & Desist Letter in Trademark Infringement Case?
By writing and sending a cease and desist letter in a precise way, the trademark owner can do the following:
- Preserve Intellectual Property Rights (IPRs)
- Set a precedent for future enforcement
- Avoid costly legal actions
Now, when you are aware of what a cease and desist letter can help you with, let’s see how to write it.
Identify the infringement: First of all, investigate if it is a case of trademark infringement or any other IP issue. Trademark infringement happens if someone is selling or advertising products or services by using a mark, which is either the same or similar to your trademark.
Do the Research Work: Carry out searches to learn more about infringement and infringer behind it. Try to determine the intention of the offender. It will help you in understanding whether the infringing on your IP is accidental or on purpose, and thus, responding appropriately.
Consult to An IP Lawyer: While you can write and send the letter yourself, it’s in your interest to proceed under the assistance of an experienced attorney. He/she can help you in including all the facts, claims, and demands in the letter in a clear, legal, and understandable manner.
As a trademark owner, you can write and send this letter at any time, but starting the process right at the moment you notice infringement always sounds the best. It will help you to enforce your ownership rights efficiently and often prove enough to stop the offender. Nevertheless, to get the expected response from the receiver of the letter and authorities in case of legal actions (if needed), you must provide it with all the details of your trademark. For instance, your trademarked name or logo, the date when you filed a Trademark Application, and even the date on which you found that someone is unfairly using or copying it, everything should be included in the letter. You should also introduce all the proof pointing towards infringement to reinforce your case. At last, it is imperative to incorporate a section reflecting what the offender can do to rectify the situation.
By providing the option to ask infringers to stop infringing on others’ IP, cease and desist letter acts as one of the most polite ways to prohibit the continuation of infringement issues. It helps both the parties to settle down the matter without wasting their valuable time and money in bringing up expensive legal proceedings. Hence, if anyone is making profits by using your trademark or any other IP without your consent, you should prefer resolving the case by writing and sending a polite letter to him/her. Sometimes, a stern demand to cease using or copying your mark may not work, whereas a formal letter can. Hopefully, this article has cleared almost every doubt you have regarding this legal letter. However, if you still have any concerns, it is advisable to contact a Trademark Law Firm or IP lawyer as these are the knowledgeable helping hands who can serve you with whatever assistance you want. For more visit: https://www.kashishipr.com/
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