This letter is notification that a former franchisee is prohibited from using the trademark of the franchisor in any form of directory advertising.
South 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
As part of the Statement of Use, the USPTO requires you to (1) set forth the date on which your trademark was first used anywhere in the United States, (2) set forth the date on which your trademark was first used in interstate commerce, and (3) submit at least one specimen showing actual use of your trademark per ...
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Simply, to file a Petition to Cancel with the TTAB, one must state the his/her interest in the case, the cause to action of the case (why the mark deserves to be canceled) and pay the required fee.
Trademark Cancellation Proceedings in the US and Canada allow you to request the trademark office inquire whether that trademark owner is still using the trademark . If they cannot prove continued use, the trademark office will remove that mark from the register in a process known as ?clearing the dead wood.?
When you use someone's mark without their permission in a way that infringes on or dilutes their mark, then your use is usually unlawful. The trademark owner can normally sue you to stop you from using their mark, and they can collect money damages.
One way to protect your trademark is to monitor USPTO filings and oppose any applications to register trademarks that seem similar to yours. Another is to be assertive if you learn of another company that is using a name or logo that's similar to your registered trademark.
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.
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.
