This letter is notification that a former franchisee is prohibited from using the trademark of the franchisor in any form of directory advertising.
Pennsylvania 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
You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.
Dear [Infringer's Name]: We have recently discovered that your business is using the mark [mark/domain] for your service or product. We believe your use infringes on our ownership of the [registered trademark/domain] mark. We learned of your use of the same or similar [mark/domain] mark on [date].
The purpose of a Trademark Cease and Desist letter is to notify an alleged trademark-infringer that there is indeed trademark infringement underway and stipulate the trademark holder's demands and threats if those demands are not met.
The only way to report trademark infringement is by filing a lawsuit. Upon proving that a trademark has been infringed upon, there are several ways to rectify the situation: Issuance of a court order requiring the infringer to discontinue use of the mark.
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or ...
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.
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.
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.
