Trademark infringement, unfair competition, or claim of dilution. Cease and desist template free sample for pdf, doc, word. Trademark cease and desist letter free legal documents. This cease and desist letter provides a starting point for dealing with trademark issues. A completed cease and desist template generally threatens legal repercussions in the event that. If you have any questions about this letter, please feel free to contact me. When writing the letter, it is best to include its registration number search uspto.
For any attempt to tarnish your reputation, you can definitely send the cease and desist letter to any person or group. Strategic considerations prior to sending ip cease and desist. Free trademark infringement cease and desist letter word pdf. Theres no set deadline for sending a cease and desist letter. Trademark list where it is being used without consent as well as the trademark registration number to show proof of ownership.
Free cease and desist letter template canada examples. A cease and desist can thoroughly describe the nature of the activity and make its recipient understand why it is already disrespectful toward you. This is commonly the last resort before a lawsuit, usually an injunction, is filed. A carefully written cease and desist letter is a very powerful tool in the enforcement of intellectual property protection. Cease and desist letter defamation slander is a form of defamation that consists of making false oral statements about a person which would damage that persons reputation. However, the decision not to respond should not be made lightly because. The reason for the letter is often due to the recipients infringement on the senders legal rights or some issue related to. Free copyright infringement cease and desist letter. My name is trademark infringement attorney enrico schaefer, and today were going to talk about the dos and donts of sending a trademark cease and desist letter. Cease and desist letter uk template make yours for free. The cease and desist acts as a formal request that the recipient stop cease and not continue desist this behaviour.
Trademark cease and desist letter startup law resources intellectual property. Cease and desist letters are also referred to as cease and desist forms, cease and desist letters, and stop harassment letters. Trademark infringement is when a party is using a registered trademark for another company as their own. Before issuing this trademark cease and desist letter it is important to consider the possible consequences have a look at our cease and desist letter guidelines and consult with your trademark attorney to advise on your best course of action your trademark name will replace firstcat on the sample letter with the infringing mark being the copycat name. Therefore, assuming you or your company has a valid claim to the mark by way of registration or common law, a cease and desist letter is a great place to. You will need a cease and desist letter when you want the recipient to stop the infringement before resorting to legal action.
May 24, 2012 this cease and desist letter provides a starting point for dealing with trademark issues. The following instructions will help you understand the terms of your sample cease and desist letter. A cease and desist or demand letteremail is correspondence that states or suggests that you are potentially infringing the trademark of another. A cease and desist letter is usually sent to a party engaging in an illegal act, directing that party to cease and desist the illegal act. Names of the registered owner of the trademark and the party who is infringing the trademark. A written trademark cease and desist letter will serve as official notification of a trademark infringement and will prove invaluable in the event the matter proceeds to litigation. Our trademark infringement cease and desist letter template allows you to explain to the infringing party why their use of a similar or identical trademark confuses people, and demands that they stop using your trademark. When writing an official or company letter, discussion style as well as format is key to making a great first impression. When writing an official or company letter, discussion style. Report to congress united states patent and trademark office. This letter sets out specifics regarding trademark.
From a damages standpoint, continued manufacture, use, sale, offering for sale or importing of the abcbrand widget will now be knowing and willful. On the other side, cease and desist order has a legal standing and failure to comply with it is punishable by the court. However, there are some basic tips and rules to follow when sending a cease and desist to a potential trademark infringer that are separate from a harassment or fdcpa cease and desist letter. Strategic considerations prior to sending ip cease and. Cease and desist template letter can be form in both letter and email. Response to a cease and desist letter for trademark. Edit download and send this trademark cease and desist letter when business rivals infringe on your brand and you have to take the necessary measures.
Step 2 the header must be filled in with the name and address of the owner of the proprietary information. Step 3 the name of the party to whom the letter is addressed will be required first. This letter is notice to you that you must immediately cease and desist these harassing activities against and towards me, including, but not limited to, the following. A cease and desist letter is a preliminary written warning requesting that the other party stop a certain activity cease and not resume it desist. Write the letter that is proper to the case you are facing right now. The formal letter will help you appeal to the party who is the source of the offensive or illicit act in a way that is harmless yet firm. Trademark cease and desist letter sample word printable. If you determine that someone is infringing on your trademarks, you can choose whether to attempt to resolve the matter outside of court, by sending a cease and desist letter, or you can proceed directly to a trademark infringement lawsuit. These cease and desist letter samples are widely used now a days in order to stop any unwanted activity and to notify other party that their particular activity is bothering you. It could also be in the form of complaints received by one party concerning the quality of products of the other. This letter demands that infringement of the trademark be ceased or further legal action will be taken. This letter sets out the trademark, its registration number and how the trademark is being infringed.
The date the letter is being sent can be supplied below. Document 4082a access to this document and the leaplaw web site is provided with the. Some trademark cease and desist lettersemails are sent in the hope that some recipients will be misled or intimidated into stopping or paying for use even though they do not need to do so. The sender and recipient of the cease and desist letter can be either individuals or businesses. You may elect not to respond to the letter email or any followup lettersemails. Drafting cease and desist letters for ip infringement. The potential consequences of sending such a letter include. The typical format of a ceaseanddesist letter notifies the alleged infringer of the mark owners rights. Cease and desist trademark infringement template form. This is particularly true when confronted with the infringement. Cease and desist letter for trademark infringement, unfair. Aug 31, 2012 my name is trademark infringement attorney enrico schaefer, and today were going to talk about the dos and donts of sending a trademark cease and desist letter. However, a cease and desist letter could be sent to an accomplice, who may be unknowingly aiding or abetting the illegal act.
Or, for example, were there serial refilings of the claimants mark that. A cease and desist letter is a letter that requests an individual or organization stop cease an action and refrain desist from doing it again in the future. Drafting cease and desist letters for ip infringement smith. Assortment of free cease and desist letter template canada that will flawlessly match your requirements. The numbers below correspond to numbers in the letter. Failure to do so can lead to a lawsuit, legal action, and fees. However, trademark owners cant wait an unreasonably long time to enforce their rights. A cease and desist order is an effective tool that ensures the recipient understands the seriousness of the situation.
The cease and desist acts as a formal request that the recipient stop cease and not. Attitude is everything in the furious demand cease and desist letter. This trademark cease and desist letter can be used as the first communication against potential trademark infringers. If the delay presents undue hardship for the infringer, the trademark owners case might be less successful. It is also recommended to make the letter sound as scary to the recipient as possible by acting as. This form will serve to formally request that this company or business will cease using the registered trademark. Trademark or copyright infringement cease and desist letter create your template with a simple form. Free cease and desist letter templates with sample. For instance, you receive a cease and desist letter and are of the opinion that there is no likelihood of confusion between the marks. The trademark cease and desist is a letter that is issued by an individual or entity to a. A cease and desist letter can help you request that another person or business stop an activity that is harassing or infringing. A cease and desist letter is basically a formal way of saying stop what you are doing or face the consequences in court. Jan 08, 2020 the purpose of the softball demand is to put the opposing party on actual notice of the patent.
Trademark cease and desist notification form 3 easy steps. Every trademark dispute is unique and this trademark infringement cease and desist letter template should not be used without first consulting with an experienced intellectual property attorney. Is it a mere refinement of commonly known ornamentation. It is important to note that a cease and desist letter differs from a cease and desist order, and the main difference is in terms of legality. It is the best legal selfhelp remedy to be used to protect yourself in any dangerous situation.
When you discover that your trademark is being infringed, take a stand and request that the use of your trademark stops immediately. I, infringers name, personally, and on behalf of infringing company, if any, agree to immediately cease and desist from any and all further use of registered trademark domain. How to use cease and desist letters to protect your rights. There are people who will directly attack your trademark and those people deserve a very aggressive threat letter. A cease and desist letter is a letter sent to an individual or business that is engaging in unwelcome or illegal behaviour. A cease and desist letter, also known as a demand or infringement letter, is the quickest and easiest way to stop harassing actions or enforce your legal rights. Jun 02, 2014 you may not set out to sabotage your case, but if you are not savvy to all of the ins and outs of trademark law responding to a cease and desist letter without assistance of seasoned counsel can be rife with peril. It is an efficient warning that offers the infringer the option to solve the problem out of court. The letter should reveal the grounds of the claim and the infringing partys right to cure the issue.
Trademark cease and desist letter free download on upcounsel. Free cease and desist letter templates with sample word. This trademark cease and desist letter includes the following. Free trademark infringement cease and desist letter word. If you put statements in a letter, be sure the statements are true. Waiting too long to file a cease and desist letter. Click here for more cease and desist letter templates. This trademark infringement cease and desist letter is sent by the owner of a trademark to an individual or business infringing the trademark. A cease and desist letter needs to include a few basic details. Trademark infringement cease and desist notice wonder. Legal contracts the trademark cease and desist notification form legal contract template is one of many downloadable in itsoftwarehardware contract pack. Federal government services to protect trademarks and prevent.
A cease and desist order is used to stop a certain activity, in this case, trademark infringement. I, infringers name, personally, and on behalf of infringing company, if any, agree to immediately cease and desist from any and all further use of registered trademarkdomain. Contains legal forms that deal with civil actions including personal injury claims and more in georgia. Is it capable of creating a distinctive commercial impression apart. Cease and desist letter is not legally binding and, hence, not legally enforceable as it is an opinion of an individual, typically that of a lawyer. Response to cease and desist if a party has received a cease and desist use this letter in an effort to answer any valid or invalid claims made against them.
Free cease and desist letter templates with sample word pdf. It states that they will be given a certain amount of time to voluntarily stop or you will take legal action. Whether for personal or business use, let us provide you with a thorough cease and desist letter you can rely on. Step 2 the form must be furnished with a header complete with name. Trademark infringement cease and desist give official notice to a 3rd party that is infringing on a federally registered trademark that is not under their ownership. Cease and desist trademark infringement free template. The reason for the letter is often due to the recipients infringement on the senders legal rights or some issue related to ownership of intellectual or ed property. A cease and desist letter is essentially an unofficial notice requesting somebody to stop doing something, and can be extremely effective when used in the correct context.
Do i have to send a cease and desist letter before suing someone. A trademark cease and desist letter asks a third party to stop using a trademark in commerce. Read the whole contract and make sure to note some points that you believe there has manipulation that harm the contract. The trademark cease and desist is a letter that is issued by an individual or entity to a party that is in infringing upon their federally registered trademark. This variation of a cease and desist letter is a formal letter sent to an individual or business requesting they stop engaging in actions that infringe your trade. There are three main approaches to drafting effective cease and desist letters. How to analyze a trademark cease and desist letter like a pro. In its simplest definition, a cease and desist letter is a method of communicating to a person your request regarding the discontinuation of any of their action or activity that is harassing you or infringing your rights in any way. Factors to consider if a demand letter is sent and proceedings for. Whether you send or receive a cease and desist letter, consult an attorney to determine the right course of action for your situation. Trademark or copyright infringement cease and desist letter. Similar to this, even for infringing your trademark and individual or business stalking you can send cease and desist letter as first step to stop them.
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