Easily Insert Fillable Fileds from the Trademark Cease And Desist Template Letter

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What is an example of a trademark cease and desist letter?

Dear [Infringers 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].

Can you send a cease and desist for trademark infringement?

A cease and desist (or demand) letter/email is correspondence that states or suggests that you are potentially infringing the trademark of another and demands that you stop using, or consider stopping use of, the accused mark. You should treat any such letter/email seriously.

Are pending trademarks protected?

Trademark applicants must wait until they have been given official approval from the USPTO before using the registered trademark symbol (). Although using TM or SM is allowed at any time, using the registered symbol while a trademark is still pending is a criminal or civil offense in many jurisdictions.

Can you sue on a pending trademark?

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.

Can you send a cease and desist for a pending trademark?

Essentially, you cannot ask someone to stop using a trademark based on your federal rights while your application is pending, because you do not yet have the rights of a federal trademark registration. You may still have limited common law rights which can be enforced.

What is a strongly worded cease and desist letter trademark infringement?

A cease and desist (or demand) letter/email is correspondence that states or suggests that you are potentially infringing the trademark of another and demands that you stop using, or consider stopping use of, the accused mark. You should treat any such letter/email seriously.

How to write a cease and desist letter for trademark infringement?

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 do I contest a pending trademark?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial Appeal Board (TTAB).

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