Act Against Trademark Infringement
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Act Against Trademark Infringement
Once you've found an infringement, your attorney will have to issue a Cease and Desist letter to the infringer. The Cease and Desist letter will contain your trademark registration number and the classes the trademark is registered in. Typical verbiage includes:
"The use of a mark that is confusingly similar to a federally registered trademark is trademark infringement. The use of nearly identical words for exactly the same service is clear trademark infringement. Our client has invested a considerable amount of time and energy in promoting its mark. This is an investment that must be protected. Accordingly, we must demand that you cease and desist all further use of the mark, the domain name and any other colorable variation of the mark. If you are willing to voluntarily change the mark now, our client will provide a reasonable period of time for you to adopt a new name."
If all goes well and you're able to avoid protracted litigation, then the infringing business will send you a detailed plan and timeline for changing their name. This is an extensive list and should include business name, signage, telephone book advertisements, magazine advertisements, flyers, coupons, business cards and websites. Physical changes will be verified by photographs. It's a time-consuming process, and an expensive one, but it is critical. You cannot allow trademark infringement once you're aware of it.
A typical Cease and Desist letter without extensive follow-up will cost approximately $500. Follow-up is billed on a per hour basis.
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| Lynne Christen |
