This letter is notification that a former franchisee is prohibited from using the trademark of the franchisor in any form of directory advertising.
Maryland 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
How to fill out Notice To Cease Use Of Trademark / Servicemark In Directory Advertising And Listing?
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FAQ
Hear this out loud PauseThere are several legal grounds that exist to cancel a trademark registration, including priority, abandonment (by non-use of at least three consecutive years together with an intent not to resume use), and fraud. There are additional grounds as well, such as priority of use and genericness.
The cease and desist letter should, at a minimum, include the following key provisions: The name of the trademark owner. The trademark and its registration number. A description of the trademark owner's rights. A description of the infringer's activity on the trademark.
Hear this out loud PauseKeep in mind that typically a trademark applicant can abandon his trademark rights in an application by filing an express abandonment.
Hear this out loud PauseWhen a forgotten trademark stops being used, you can't simply use it as your own. Instead, you can fill the spot the expired trademark vacated with a brand new trademark that protects exactly what you need.
In terms of a cancellation proceeding, once there is evidence of three years of nonuse, then the burden shifts to the trademark owner to show use during the three-year period or that despite the three years of nonuse, there was intent to resume use of the mark within a reasonably foreseeable time.
Hear this out loud PauseAbandonment of a trademark occurs when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future. When a trademark is abandoned, the trademark owner may no longer claim rights to the trademark.
Send a Cease-and-Desist Letter Legal experts recommend sending a cease-and-desist letter as your first act of defense. This is a formal demand for the infringer to stop using your mark, specifying the infringing use and how it violates your rights as a registered trademark holder.
A Cease and Desist Letter is a letter that you or someone on your behalf (such as an attorney) sends to another person or business to demand that they stop using your intellectual property, or stop some other conduct.
