Trademark Enforcement and Cease and Desist Letters

Responding to a Cease and Desist Letter

If you received a cease and desist letter claiming you are infringing someone’s trademark rights your first step should be to consult with a trademark attorney. Our trademark attorneys can help you analyze the infringement claim, assess your risks, and prepare a strong response. There may be several ways to address the infringement claim and there may even be counter assertions available to make. We have experience with cease and desist letters and we can help you navigate this process most efficiently. We also have considerable experience negotiating settlements.

Enforcing Your Trademark Rights

It is important to police your trademark rights and address potential infringement issues as soon as they arise. Ignoring an infringement situation can result in a loss of trademark rights and results in dilution of your trademark rights. If your trademark watch program [ link ] identified potential infringement of your trademark rights or you come across a potential infringement situation, you have several options for enforcement.

Monitor
Send a cease and desist letter
File an opposition
File a lawsuit

Monitor

At times you might just want to monitor a situation that you believe could amount to infringement of your trademark rights. For example, in some circumstances if someone files an intent to use trademark application, you might decide to monitor for initial use of their trademark before proceeding with a cease and desist letter. Monitoring may be less expensive if the party never moves forward with use of the trademark.

Cease and Desist Letter

If you decide to send a cease a desist letter, it is important that you fully analyze the situation before sending the letter. The proper due diligence will ensure that you truly have priority rights and help you avoid a counter-assertion. Cease and desist letters can take a friendly tone or perhaps a more demanding tone. We can help you determine the best approach given the situation.

Opposition

A trademark opposition occurs during the publication period before a trademark is allowed by the United States Patent & Trademark Office. The opposition process is essentially administrative litigation. The process can also be expensive. We can help you navigate this highly technical process in the most cost-efficient manner possible.

Litigation

If the other side refuses to negotiate a settlement you may be required to litigate. Litigation can be an effective means to enforce your trademark rights. It may also lead to damages as well as an injunction. We can help you explore your litigation options and team with the right litigator to optimize your likelihood of success.