Remove Brand Logo in the Cease And Desist Letter and eSign it in minutes

Aug 6th, 2022
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How to Remove Brand Logo in the Cease And Desist Letter

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I want to talk about our process and how we go about removing infringing sellers on Amazon now after after we have our you know client call we speak with them they tell us their register trademark they provide us with any test buys that they have and you know we formed the client attorney relationship the next thing to do is to begin drafting what we call a cease and desist letter basically were going to identify our legal basis as to why we believe that infringing seller should remove their items immediately and should never sell them ever again in the letter we include the register trademark relevant case law and you know it can be either if theyre selling counterfeit items we could include the materially different argument as I explained in one of my previous videos and sometimes we have clients that come to us and say you know why cant you just report them immediately because were not in the business of cutting sellers legs off we give everybody an opportunity to remove themsel

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The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.
Even if the sender demands or requires action, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.
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.
The elements of a cease and desist letter are rather simple: Include your name and address. Include the recipients name and address. Demand the recipient to stop the harassment. Send it via certified mail, return receipt requested.
Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter. The attorney also knows the correct language to use.
The cease and desist letter must be sent to all parties who may be using the infringing mark. However, you should carefully choose the person or entity to whom the letter will be addressed.
A Valid Trademark is Required BEFORE Sending a Cease and Desist Letter. A trademark may be a name, logo, slogan, motion, or sound which when used in conjunction with the sale of a good or service, serves as a source identifier and distinguishes the proprietor of the trademark from its competitors.
What is a cease and desist letter/email? 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.

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