If you receive a cease and desist letter or trademark infringement letter, don’t panic. There is always a way to avoid going to court and/or losing your house or business. We are here to help you through this difficult and important time.
Here are some tips you won’t normally find on the Internet, and what firms will charge you for:
1. Look for a ‘Registered Trade Mark’ Number. It should be somewhere in the letter, it is about 6-8 numbers long. If you can’t find it – things are looking brighter for you. If there is no number, it is most likely not registered. Only registered rights give true ownership.
2. Has the letter been sent from a law firm or is it from the owners of the trademark? If it has been sent by the owners or an inexperienced firm, this can also work in your favor.
3. Don’t call them or reply to them before you get advice. Many people panic, worry and ponder the worst outcome possible.
4. Ninety percent of all cease and desist letters can be ignored once you have the right professional team decrypt the legal jargon and do some research for you.
5. Many people send these letters without actually owning a registered Australian trademark, meaning they have no legal right to do so. They are trying it on; the letter may be a bluff or intimidation.
6. Only a court can determine trademark infringement. If the letter isn’t a summons to court, you can calm down. Until the time you are dragged into court it is purely a commercial negotiation. Please re-read that last sentence. What you need are expert negotiators who are on your side and have a deep understanding of trademarks, trademark law and can get you out of trouble.
7. Getting your own trademark registration is the best defense against any future infringement letter.
8. The worst thing you can do is to ignore a cease and desist letter. They can turn from an “easy to defend matter” to a “litigation nightmare”, which may cost you everything.
9. Do not delay, call now for fast friendly expert advice that will help you. That’s what we are here for.
10. Call us now on 1800 122 978.
Phone: 1800 122 978
