Chevy Chase, MD asked in Trademark for District of Columbia

Q: What can I do about a cease and desist email regarding a trademark?

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2 Lawyer Answers
Tania Maria Williams
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Answered
  • Trademarks Lawyer
  • West Palm Beach, FL
  • Licensed in District of Columbia

A: You want to enlist the help of an attorney with a cease and desist. Trademark owners have to police their mark so some will for infringement when the cease and desist letters go unanswered while others may not.

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Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: Whether a mark infringes on someone else's trademark depends on many factors. The USPTO defines trademark infringement as "the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services". This confusion may occur even if you are not using the mark for commercial gain. Trademark owners send cease & desist letters in order to police their mark and to prevent dilution of their mark. You should speak with an attorney to advise you and represent you in the process.

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