VIEWS: 806 PAGES: 2 CATEGORY: Intellectual Property POSTED ON: 12/13/2010
The Trademark cease and desist letter directs a party, who is using a company's trademark without proper authorization, to immediately stop all use of the mark. Such letters are often drafted by an attorney, and are usually sent via a method that requires a signature or other proof that letter was received by the correct party. The notice is a quick way of informing the offender that the trademark owner is aware of the situation, and is often be enough to convince the offender to stop. If further legal action must be taken, however, the court may issue a cease and desist order. Should the offender opt to ignore this order, he may be fined or otherwise penalized by the court.
Trademark Cease and Desist Letter Date Name of the infringing Company Address Pin/Zip Code Dear Sir/ Madam, ATTENTION : [Insert Name] SUBJECT : TRADEMARK/ SERVICEMARK INFRINGEMENT We, [Name of the Company] (“the Company”) owns and operates [insert publicly known name of the company]. The Company also owns Trademarks/ Servicemarks associated with its business, which is registered with the United States Patent and Trademark office [In case the Trademark office is not USPTO then insert the name of the relevant Trademark office] with registration No._________________. A Sample of the Trademark/ Servicemarks and the details of its registration are attached hereto for your reference. It has been brought to our attention that your company [insert the name of Infringing Company] has been using our trademark/ Service mark or a very similar mark “[INFRINGING TRADEMARK/ SERVICEMARK]” in association with the marketing, sale, distribution or identification of its products and/or services, and is thus trading on the name, goodwill and reputation earned by the Company. Our federal registration of this trademark/service mark provides us with certain proprietary rights including the right to monitor and restrict the unauthorized use of our Trademark/ service mark or confusingly similar Trademarks/ Service mark, in association with non- Company products and/or services. Our trademark/ Service mark signify the high quality of products and services offered by the company and indicates to ou
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