Kerrick Bachert | Attorneys at Law

Call our firm today to schedule an appointment: 270-715-2410

Kerrick Bachert | Attorneys at Law

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Handling Cease and Desist Notices: Protecting Your Business From Trademark Claims

Receiving a cease and desist letter alleging trademark infringement can be stressful. These letters often come with strict demands and the threat of legal action. However, it’s essential to approach the situation with a clear strategy. At Kerrick Bachert, PSC, our attorneys, Laura Hagan and Lucas Wetton, are here to help businesses navigate these claims effectively.

Understanding a Cease and Desist Letter

Such a letter typically asserts that your business is using a mark similar to another entity’s trademark, potentially leading to confusion. The sender may demand that you stop using the mark, remove products, or even relinquish domain names. However, not all claims are valid, and receiving a letter does not necessarily mean you are infringing.

How We Assist You

We offer businesses a structured approach to responding to trademark infringement claims.

  1. Detailed Assessment: We review the cease and desist letter, analyze the asserted trademark rights, and determine whether there is a likelihood of confusion.
  2. Evaluating Your Position: You may have legal grounds to continue using your mark, such as prior use or fair use defenses. We assess your rights and explore the best options for your business.
  3. Crafting a Response: Our team prepares a tailored response to address the claims, present legal arguments, and negotiate a resolution if appropriate.
  4. Negotiation and Settlement: If necessary, we seek a resolution that allows your business to operate while mitigating risks, such as a coexistence agreement or rebranding assistance.
  5. Litigation Readiness: If the matter escalates, our experienced attorneys are prepared to defend your rights in court or before the TTAB.

Protecting Your Business Interests

Trademark disputes can be complex, but with the right legal strategy, you can safeguard your brand and operations. If you’ve received a cease and desist letter, don’t handle it alone. Call us at 270-715-2410 or send an email to schedule a consultation, and we’ll work with you to develop a strategy that protects your business.