Your templates have really helped me out in drafting an apt warning letter. For the good work. Skip to content. Dear Mr. You should immediately forward this letter to your attorney. Learn More About Practical Guidance. Assessing these issues is crucial to drafting an effective letter and may ultimately curb the need for litigation and lead to a favorable resolution for your client.
This article discusses pre-drafting due diligence and the key issues that your client should consider before sending a cease and desist letter. A cease and desist letter should be viewed as a prelude to litigation. Thus, before sending a cease and desist letter, it is imperative to conduct an adequate investigation to identify the nature and extent of the allegedly infringing use.
It only provides a warning to the infringer that you will take legal action unless they stop. Proof of Your Trademark Rights The major factor you need to consider is proof of your trademark rights. So it is crucial to include the below information when writing your cease and desist letter: The date the trademark was first used The trademark registration number The trademark registration date The geographic areas where the trademark is used 2.
Details of the Infringement You should also include as much information as possible about trademark infringement. You should try to address the following as clearly as you can: What trademark is the infringing party using in connection with their goods and services? Is the trademark the infringing party using identical or similar to yours?
How does the infringement confuse consumers?
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