Q: The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark.
The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark, or they will take legal action. As I have stated, we Trademarked the name back to Edens herbs shop and theirs is Edens food. Is this legal?
Unfortunately, it is not possible to provide a meaningful answer to this question without having much more information. Generally speaking, goods/services do not have to be the same for a trademark infringement to occur so if that herbs shop sells edible herbs, that may be a problem. But the question indicates you "trademarked" your brand, so that raises a question of who has priority and who is the senior user. There are multiple other questions that will need to be asked and answered before any legitimate trademark attorney can provide any meaningful guidance in this case. But cease and desist letters must be taken very seriously. You should contact an experienced trademark attorney and discuss your specific case in details.
This answer was provided for general educational purposes only. It is not legal advice.
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