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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.
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.
Reporting Infringement Through the TTAB. The TTAB, or the Trademark Trial and Appeal Board, is an administrative body within the USPTO that handles appeals and disputes related to federal trademark registration.
Trademark infringement is prosecuted under civil laws, and is not a criminal act. Instead, lawsuits over trademark infringement will usually require you to stop using the trademark, and you may have to return any profits made off of the infringing use, or pay money damages for the use of 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.
Common legal remedies for infringement include a cease and desist order to prevent further unauthorized use, and even the filing of a civil lawsuit to recover and financial damages that the owner of the copyrighted logo may have suffered as a result of the infringing party's use of their logo.
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.
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.