What should you do if you receive a trademark cease and desist letter in Canada?
If you receive a trademark cease and desist letter, it is important to consider the following steps:
Read the letter carefully to understand the allegations of infringement and/or passing off and the demands being made.
Do not ignore the letter. Even if you believe that you are not infringing on the trademark, it is important to take the matter seriously and respond appropriately.
Consult with a lawyer who specializes in trademark law . They can help you understand your legal rights and options, and advise you on the best course of action. It is highly recommended that you consult a lawyer prior to responding to the cease and desist letter or taking any steps. There can be serious adverse consequences to not taking appropriate action.
If you decide to challenge the trademark owner's claims of infringement, gather evidence to support your position and prepare a response to the cease and desist letter. It is highly recommend that this step be done with your trademark lawyer. There can be adverse consequences to not taking appropriate action.
Consider negotiating a settlement or a license agreement with the trademark owner. This may be a cost-effective way to resolve the dispute without going to court. It is highly recommend that this step be done with your trademark lawyer. There can be serious adverse consequences to not taking appropriate action.
Respond to the letter within the deadline provided, even if it is to request more time to consider your options or seek legal advice.
Keep records of all correspondence and interactions with the trademark owner and their representatives, as this may be useful in the event of litigation.
Remember, a trademark cease and desist letter is a serious matter, and ignoring it or failing to respond appropriately can result in legal action, significant costs, legal fees and the mater being decided in court without your participation.
Curated by Lomic Law and written by ChatGPT powered by OpenAI as part of Lomic Law's strategic use of technology to assist its clients.