Trademark infringement mostly occurs when a person uses a trademark which may be either a symbol or a design, with resembles or is confusingly similar to the products owned by the other party. The trademark owner may commence a legal proceeding against the party that had infringed the product or the symbol. The trademark that has not been registered cannot be infringed as the owner cannot bring the infringement proceedings.
Trademark infringement can also occur if the respective marks, products or services are dissimilar. A cause of action for use of a mark for such dissimilar services is called trademark dilution. In some jurisdiction the licensee can pursue the infringement case against the infringer if the owner fails to do so.
The infringer can also defeat the infringement proceedings with a valid exception to infringement and cancel the underlying registration on which the proceedings are based on the trademark infringement.
The trademark cease and desist is one which gives the trademark owner a instinct to take immediate legal action by the way of cease and desist letter.
Trade mark cease and desist letter explains that a trademark or service abbreviation of mark owner might send to a person or entity that owns a domain name that infringes on the mark owner's mark.Â The letter should be modified as necessary in light of the sender's particular facts and circumstances. It is always recommended that you always consult with a trademark, domain name law or other qualified attorney before sending a cease and desist letter.Â A very real risk in sending demand letters to domain name owners is that you may find your correspondence posted and discussed on the domain name owner's web site, chat rooms, newsgroups and other places on the internet.
Trademark cease and desist letter is the beginning, as there are a variety of companies that interfere with the legitimate operation of small home-based businesses. These companies use legal jargon and various maneuvers to illegally shut down mom and pop businesses that have not violated any laws and these letters are intended to intimate the receiver into compliance. Thus your intention for the use of the trademark or confusingly similar trademark can be indicated with the help of trademark cease and desist letter.
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