This letter is notification that a former franchisee is prohibited from using the trademark of the franchisor in any form of directory advertising.
North Carolina 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
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.
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.
The first action you should take in responding to a trademark infringement notice is to call and engage a trademark lawyer. An experienced lawyer can help you assess whether the claim being made is frivolous or legitimate.
Cease and desist letters can take many forms (here is one example), but there are six essential components. Proper address of infringing party. ... Proof of your trademark rights. ... Details of the infringement. ... Reasonable time frame for infringing party to respond. ... Demand for written assurance of compliance.
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.
How to Respond to a Trademark Cease and Desist Letter Submit a Response Letter. ... Sit Tight, Do Nothing. ... Capitulation. ... Negotiate. ... Go On Offense, File Suit.
How to Write a Trademark Infringement Cease and Desist Letter Step 1 ? Fill Out the Letterhead & Delivery Information. ... Step 2 ? Include the Details of the Infringement. ... Step 3 ? Show Proof of Your Trademark Rights. ... Step 4 ? Provide a time frame for the infringing party to stop using the trademark.
Parties can also achieve settlement through assignments and licensing. A party that is faced with a prior application or registration can contact the owner of the conflicting mark in an effort to negotiate an assignment of rights or in the alternative, a license.
