In trademark infringement cases, the owner can seek relief through legal proceedings. However, before resorting to litigation, trademark owners often utilize a cease-and-desist notice as an effective tool, which can be established by a lawyer.
A cease-and-desist notice is a communication sent by the trademark owner to the alleged infringer, outlining the owner’s rights and demanding that the infringing activities cease within a specified period, beyond which the owner may resort to legal action.
The notice should include a detailed description of the infringement, a direction to cease the activities, a warning of legal action, and specific demands.
A cease-and-desist letter is not legally enforceable, as it does not carry the force of law. In some cases, the letter can be used as evidence in subsequent legal proceedings to demonstrate that the infringer was notified about the infringement. However, ultimately, legal action may be necessary to enforce the trademark owner’s rights and seek remedies in case of ongoing infringement.
