Guam Notice To Cease Use of Trademark / Servicemark in Directory Advertising and Listing

State:
Multi-State
Control #:
US-9-03-STP
Format:
Word; 
Rich Text
Instant download

Description

This letter is notification that a former franchisee is prohibited from using the trademark of the franchisor in any form of directory advertising.

How to fill out Notice To Cease Use Of Trademark / Servicemark In Directory Advertising And Listing?

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FAQ

A cease and desist (or demand) letter/email is correspondence that states or suggests that you are potentially infringing the trademark of another and demands that you stop using, or consider stopping use of, the accused mark. You should treat any such letter/email seriously.

A service mark is any words, names, symbols or devices, or any combination thereof, used to identify and distinguish services from those services provided by others. ? Trademarks and service marks must be filed on separate Applications. They require separate fees and submittal of separate specimens.

Nationwide legal recognition of trademark ownership, with exclusive rights. A rebuttable presumption in court that you own the trademark, putting the burden of proof on any plaintiff to prove that they used the mark in commerce first. Searchable listings on the USPTO's database.

Trademark vs. Service Mark. The bottom line is that a trademark represents a product produced by a business while a service mark represents a service offered by the business. A single business can register both trademarks and service marks to brand themselves.

There are two main types of trademark applications: An Intent to Use Application is an application for a mark (word, phrase, or design) which has not already been used yet but the owner plans to use the mark in the near future. A Use In Commerce Application applies for a mark under a 1A basis.

Trademark vs. Service Mark. The bottom line is that a trademark represents a product produced by a business while a service mark represents a service offered by the business. A single business can register both trademarks and service marks to brand themselves.

The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.

? A service mark is any words, names, symbols or devices, or any combination thereof, used to identify and distinguish services from those services provided by others. ? Trademarks and service marks must be filed on separate Applications. They require separate fees and submittal of separate specimens.

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Guam Notice To Cease Use of Trademark / Servicemark in Directory Advertising and Listing