QUESTION

Should a trademark cease and desist letter come from a lawyer or the owner of the trademark?

Asked on Jan 23rd, 2014 on Patents - Michigan
More details to this question:
We have a registered trademark, and have found someone else using it. Should we send the cease and desist letter, or should we have a lawyer send it on our behalf?
Report Abuse

1 ANSWER

Patents Attorney serving McLean, VA at George H. Spencer
Update Your Profile
While usually a cease and desist letter comes from an attorney, there is no reason why it could not come directly from the trademark owner.  However, it carries more weight coming from an attorney and the attorney can varify that the usage is truly an infringment. Also, if it is sent by the owner and it turns out that a reasonable basis for doing so does not exist, the owner might be subject to a claim for an act of unfair competition.
Answered on Jan 23rd, 2014 at 4:50 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters