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After your trademark is registered, it may be used in the market without your consent. It may be a counterfeited product, name and logo under a different title. You must send a cease and desist letter to prevent your registered trademark from being used without your consent and stop any form of infringement.
A cease-and-desist letter helps you notify the other party of the infringement and ask it to be rectified. In simplest terms, a cease-and-desist letter provides you with benefits in both material terms and time wise. This means that:
You are entitled to seek legal and punitive remedies when your trademark right is infringed. However, considering the length of court processes and trial fees, we find it useful to send a cease and desist letter also since the warning for trademark infringement can be other party quicker. This enables you to stop the infringement before having to seek a legal remedy.
A cease-and-desist letter gives both a warning to the other party to voluntarily put an end to the infringement and also removes the goodwill of the person in question. This means that the other party cannot defend in a potential lawsuit that they did not know about the right pertaining to the trademark, and they were using it in goodwill.
In addition, if the infringer has any justifiable ground for using the trademark, a cease-and-desist letter helps having a response by the infringer.
We recommend you send a cease-and-desist letter in case of any trademark infringement based on the aforementioned causes that can also be increased. It is of importance for specialized legal teams to deal with your statement in a cease-and-desist letter and draw up an unerring legal framework as it can be brought up in any potential lawsuit.
You can use our cease-and-desist service to prevent your trademark from being exploited without your consent and put an end to any infringement concerning your trademark.
However, some cases may require directly filing a lawsuit rather than sending a cease-and-desist letter. Or you might be sure that a cease-and-desist letter would not come to fruition. In such cases, legal or criminal remedies should be sought. Feel free to write to us about it.