So, you’ve been operating with your trade name and logo for a few years now. Suddenly, there’s a new entrant in your market, offering similar goods and services, and using a logo or name nearly identical to yours. When do you send a cease and desist letter?
Now’s a good time to talk to a lawyer about drafting up a cease and desist letter. Waiting for too long before taking action can adversely affect your rights and ability to bring suit down the line. Plus, you’ll want to retain an attorney to do some research before sending the letter.
For instance: You just found out about them, but did they start using the mark before you? Have they registered their mark? How similar are the goods and services?
All of these questions will factor in to how the letter is drafted, what language is used, and how it is sent. While you don’t need to register your own trademark to send a cease and desist letter, having an earlier registration is hugely beneficial to deter future companies from using similar names and logos.