When you notice that someone is using your trademark without permission, you don’t have to leap right into suing them. Cease and desist letters can potentially put a stop to such actions. An Orange County, California trademark lawyer can help you draft a letter and they can tell you what comes next if someone doesn’t cooperate.

What Should Be Included Cease and Desist Letters?

Cease and desist letters should make it clear what the receiver is doing wrong and how the sender wants to address matters. The typical letter would include:

  • Information about the registered trademark being used
  • Identification of the owner of that trademark and the sender of this letter
  • The legal argument about how the trademark is being improperly used
  • Demands from the trademark owner
  • How long the receiver has to take action
  • What will happen if the receiver does not take appropriate action
  • Contact information for the trademark owner and their legal representation

A letter should be professional in tone. Avoid being more aggressive than necessary, but be clear and concise. It should now be abundantly obvious to the receiver of a letter what they need to do and when they need to respond. Someone who ignores cease and desist letters is tempting fate.

When Should Cease and Desist Letters Be Sent?

Cease and desist letters should be sent anytime you suspect that someone is misusing your trademark. You applied for trademark protection for this very reason. Someone else should not get to use a trademark of yours to market a product or make a profit of their own. If another business wants to license a trademark or any other intellectual property from you, they need to go through the proper procedures. Just taking something that is not theirs is unacceptable.

Should I Meet With a Lawyer First?

It’s always a good idea to meet with a trademark attorney before you decide to send cease and desist letters. They can help you draft a document and review it to make sure that it contains all of the information you need to get across to the receiver. If the letter is not answered and your terms are not abided by, then your attorney can tell you the next steps.

What Happens if a Letter is Ignored?

Cease and desist letters show that a trademark owner did their best to address possible infringement. They are supposed to serve as a deterrent so that a person or company puts a stop to bad behavior. If this fails and any party continues to misuse your intellectual property, it may be time to take them to court. This can make them stop using your trademark and it can allow you to recover damages.

Meet With a Trademark Attorney

So if you believe that your trademark is being misused by someone else, we want to hear from you. Contact Burns Patent Law and ask to schedule a consultation with our team today.