Cease & Desist Letter – What Now?

Crucial Steps to Take after Receiving a Cease & Desist Letter

Imagine that you have recently opened a new business, or your business has just launched a new product. A few months down the road, you receive a Cease & Desist letter claiming that you infringing on someone’s trademark. What do you do?

First, don’t respond to the letter yourself

While you may want to respond in defense of your product or business, you could make the situation worse by responding without the advice of a trademark attorney. Trademark infringement can be a complicated area of law, and you don’t want to misspeak on behalf of your product or business. If you have received a Cease & Desist letter, it has likely come from an attorney. And, if you respond, any statements that you make can be used against you in court.

So, you should consult with a trademark attorney

Cease & Desist letters are serious matters, and trademark law can be nuanced and complicated. Trademark attorneys are excellent resources to assist you in this type of matter. Your attorney will review the letter and the trademark registrations identified in the letter along with your trademark, and then provide guidance on how to best proceed. In many situations, it typically makes sense for the attorney to prepare a letter responding to the Cease & Desist letter to try to avoid litigation.

Then, make an informed decision

Ultimately, the decision on how to proceed is up to you. Your attorney is there to provide guidance and to inform you of the law and the ramifications of your potential actions. But, once you have the proper feedback from a trademark attorney, you can make an informed decision that will best fit your situation.

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Client Testimonials

“I worked with John to help me handle a trademark case, and let me just say that I could not have found a better lawyer. And he has handled my needs with the utmost professionalism. We appreciate his attention to detail and recommend him often. His extensive knowledge and professionalism will get you to the safe land every single time. You can trust him to guide you and patiently answer your questions.”

Jay Alhashemy

“John has handled our many trademark and patent matters for many years now with great professionalism and friendly service. he has a knack for simplifying the many complexities involved and always has our best interests at heart. We value his skills and counseling.”

John Stoller

“This is the first time I have had to deal with a trademark renewal (which turned out to be expired!) and John was fabulous to work with. He explained everything in an easy to understand way, followed up to make sure I understood the next steps and was happy to communicate via email and/or phone, based on my preference. I 100% recommend Buckert Patent & Trademark Law Firm!”

Kathy Palmer

“Buckert Patent & Trademark helped me get my new business logo trademarked. No muss, no fuss. John was available anytime I had a concern or question. He was patient with me; helped me understand the laws and got the job done quickly and seamlessly. I especially appreciated his friendly manner and follow up emails; helped me stay on track. Highly recommended.”

Trisha Deaton

“Our small business filed for a Trademark ourselves without representation. When we received a denial, we contacted Mr. John Buckert to help us appeal. He was so professional to work with, friendly and knowlegable. He's an expert in this field, and we'd highly recommend using him, because you'll get someone who's passionate about his trade, very easy to communicate with, and completely trustworthy. We'd also highly recommend hiring an attorney right from the beginning when it comes to trademarks and patents instead of attempting to do it yourself.”

Sloan Wolf

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