Infringement of Your Trademark
If you become aware of someone infringing on your trademark, you should take action or you could lose your trademark rights.
Quite often, a ‘cease-and-desist’ letter will be sufficient. This is a letter, usually from a lawyer, that advises the infringing party to cease using the trademark immediately. If this does not achieve the desired result, then you may have to take further action, which could include a legal action for trademark infringement.
If you think that your trademark may be infringed by a pending registration application, it is important to file an Opposition in a timely fashion. This Opposition period is open for 2 months after publication of the mark in the Trademark Journal. This is the best opportunity to prevent the registration of a conflicting mark. Please note that since the trademark registry is a public record, it is assumed that you are aware of it and of applications being made for trademark registration.
Infringement of Anothers Trademark – Getting A Cease & Desist Letter
Often the first sign you’ll get that someone thinks you’re infringing their trademark is when you get a ‘cease and desist’ letter. It frequently comes by registered mail, and is either from the owner of the other mark or their lawyer. It can vary in tone from nice to nasty. The basic message is “You’re infringing on my mark. Stop it or else.” If you take no action, you may not hear from them again. In other cases, they will pursue the matter hoping that you will back off. The other issue is whether there been an infringement, which is legal determination. Often matters are resolved though reasonable negotiations between the parties and an agreements.