A Trademark Infringement Notice is also legally referred to as a Cease and Desist letter. If you receive a Trademark Infringement Notice, it means that another individual or company believes that you are infringing their Registered Trademark.
It does not necessarily mean that their allegations are true. So don’t be panicked into rushing immediately to action, without advice from your Trademark Lawyer.
Try not to panic as acting hastily may not be favourable for your position. Panicking and taking immediate action will likely escalate the problem and nothing good will come of it.
There are several ways in which you can properly handle a Trademark Infringement Notice.
So what are our recommended steps that you should follow in order to handle Trademark Infringement Notices?
These steps will definitely help you to resolve the issue.
Try not to do anything on your own:
Do absolutely nothing without legal representation if you really want to get out of this Trademark Infringement Notice problem: Don’t think about and try to resolve this issue on your own. Doing absolutely nothing is the very first and most important thing that you can do after receiving a Trademark Infringement Notice. You may feel like defending yourself. However, try to ignore this impulse to immediately respond, as you could admit infringement and liability or prejudice your position by saying the wrong things. You need to understand that any correspondence that you send to the complainant or their attorney can be used against you. Your explanations will not change the fact that the other person has sent you a Trademark Infringement Notice. The other party is not going to accept that they are wrong just because you are explaining and defending yourself. The best thing you can do at this stage is to let your emotions calm down until you find a practical and logical way of resolving the issue.
It’s time to call a Trademark Attorney:
You may not be able to do anything about the fact that someone has sent you a Trademark Infringement Notice, but your Trademark Attorney can do a lot to get you out of this problem, or to mitigate your liability. It is at this time that you need to choose an experienced Trademark Attorney. Businesses don’t usually have a full understanding of the requirements and obligations of trademark law. This makes it very difficult and risky for them to handle Trademark Infringement Notices on their own. As an individual who is trying to defend yourself from a trademark claim, you really need to hire a Trademark Attorney in case Federal Court action is taken. A Trademark Infringement Notice is a serious legal claim that has been made against your brand or business, that should not be taken lightly.
Only follow the advice of your Trademark Attorney:
Take the advice of the Trademark Attorney that you have chosen to represent you, and do not deviate from the response and strategy that they devise. This is the final step that you have to take in handling a Trademark Infringement Notice wisely. Don’t be one of those businesses who fail to take notice of their Trademark Attorneys when professional advice is provided. Even if you have your own opinions or ideas, they won’t usually be based on a correct understanding of the laws, requirements and trademark infringement principles. It is only your Trademark Attorney who can resolve the issue. You have hired your Trademark Attorney for a reason, so don’t then ignore your Trademark Attorney’s advice.
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