Skip to main content

What Do I Do If...

someone wants to sue me, sue me

Eek! If you're asking yourself this question, you likely received a very scary letter demanding that you cease and desist the use of your name. 

First, take a breath! Yes, this can be a very harrowing experience but there are steps you can take to maneuver through this.

1) Resist the urge to contact the company or their attorney directly. Actually, don't just resist, DO NOT DO IT.

2) Carefully read through the cease and desist. Highlight the exact complaint(s) being made against you. 

3) Research any terminology as well as any highlighted portions of the letter. Scour the internet and the library to educate yourself as much as possible. Of course, you're welcome to give us a ring and we can walk you through the different meanings and terms. Arm yourself with as much information as possible because that's going to make the next step that much easier (and cheaper).

4) Call a trademark attorney. Yes, you will have to spend money on an attorney because you must take this cease and desist seriously. We have a cadre of attorneys we'd be happy to recommend.

5) Make up your own mind. The trademark attorney is going to give you options but the ultimate decision is yours. 

An anonymous former client wrote a great post about this on Tony Wright's blog. It should be noted that this client used us AFTER this experience was over. His post really hones in on why comprehensive research is so needed BEFORE you file for a mark.

Tomorrow's post will be the flip-side - what if you need to sue someone who is infringing on your mark?

Comments

Popular posts from this blog

Beware of Official-y Correspondence

Once you get that trademark filed be aware that your information is of public record, which means, unfortunately, some will mine that resource & some of those folks will send you solicitations. 
These solicitations often look very official, and "may use names that resemble the USPTO name, including, for example, one or more of the terms "United States," “U.S.,” "Trademark," "Patent," "Registration," "Office," or "Agency."  
Some will even have documents that resemble actual government documents rather than what you'd expect a company to send and this is often done by "emphasizing official government data like the USPTO application serial number, the registration number, the International Class(es), filing dates, and other information that is publicly available from USPTO records."
Most of these are asking you for money. That's your major warning flag.
"All official correspondence will be from the …

Trademark 101: State Trademark or Federal Trademark?

Now that you know what a trademark is, what a trademark isn’t, and that you should get a trademark, let’s explore if a State trademark or Federal trademark is most appropriate for your needs.
For the USA, trademarks can be obtained either at the State level or the Federal level. So, which do you need? I’ll explain both and that’ll give you a clearer picture as where to go from here.
First and foremost, a State trademark gives you trademark protection for that specific state whereas a Federal trademark gives you trademark protection nationwide. Simple enough, yes? But, which is the right trademark for your needs?
1)Are you actively in business? 2)Are you only doing business in one city or county or just statewide?
If you answered yes to both, then exploring a State trademark is your next step. Here are some advantages to a State trademark:
·The right to expand statewide. The name will be waiting for you in other metros. ·If another mark is infringing upon yours within the state, you’ll have a…

$50 Discount: Ends Wednesday, July 20th - Mention the Blog When Ordering

$50 DISCOUNT! Exclusively for you Comprehensive Research & Analysis: Federal/State Trademark & Common-Law Federal Trademark Application Order by Wednesday, July 20! 800-776-0530

So, you finally settled on the perfect name for your product or service – that's fantastic! Finding just the right name is vitally important to the success of any product line or service.
Or, perhaps, we've already searched & filed a trademark for you. If it's been a couple of years, have you had protective research conducted? Do you have a logo or a slogan or a new product/service name?
Regardless if you're new to the world of trademarks or have already gone 'round once, let's walk through a quick primer. Protecting your brand is a vital part of your overall business plan.
Trademark Step-by-Step Primer
1) Is it required that I register my trademark?
No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:
* Pu…