Can you send a cease and desist without a trademark?
A Valid Trademark is Required BEFORE Sending a Cease and Desist Letter.
How do I send a trademark infringement notice?
One of the most common starting methods for dealing with trademark infringement issues is to send a cease-and-desist letter to the party that you believe is using your mark. Because every trademark issue is unique, you should not rely on using a cease-and-desist letter template to send this notice.
Can a cease and desist letter be sent by email?
You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.
Can a cease and desist be emailed?
Cease and desist letters can be sent through email, mail, and through an attorney. However you choose to send the letter, make sure that you have a receipt that shows it was delivered to the recipient.
What is considered trademark violation?
What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
How much does it cost to send a cease and desist letter?
$750 to $5,000
The final bill will also vary widely depending on where you live and the firm you hire. The cost of a cease and desist letter depends on many factors, but a single cease and desist letter can easily cost anywhere from $750 to $5,000. The services of a lawyer can indeed be very pricey.
Can I send a cease and desist letter to someone?
If a person or a business is infringing upon your copyright, trademark or patent, you can send a cease and desist letter to inform the recipient about your rights and clear your intention to enforce your rights through appropriate legal means. Your letter may include a licensing offer and a threat of lawsuit.
Can someone issue a cease and desist by writing?
Yes. Anyone who believes their legal rights are being infringed can send a cease and desist letter without involving an attorney. However, an attorney can be helpful in writing a legally accurate and persuasive letter and provide necessary legal advice related to the issue at hand.
Can I send a cease and desist?
“They have many difficult duties to perform in the coming days, weeks, and months, and they should be afforded the respect and support they deserve to undertake their responsibilities without outside interference,” the pair wrote in their statement.
Who do you file a cease and desist with?
Any time you talk about an order, that has to be signed by a judge to be effective. Some government agencies may also send such orders and they are authoritative. Lawyers send cease and desist letters, requests, or notices, not orders. Such letters are simply requests that someone stop doing something. They have no legal force.