How to Deal with Cease and Desist Letter (Patent or Trademark Infringement Allegation)

When you run a business, there is a chance that one day you receive a letter claiming that you are infringing someone else’s trademark or patent rights. It’s commonly called a “Cease and Desist Letter.”

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Cheapest Way to Protect Your Trade Name (or Trademark, Servicemark, etc)

Have you been to a Burger King restaurant in Mattoon, Illinois? I mean the other Burger King restaurant. There is a restaurant called Burger King, which has nothing to do with Burger King franchise.

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3 Questions Before Launching a New Product

“Everyone copies everyone”

There is often a grey area between innovation and imitation when it comes to a highly competitive industry. Nevertheless, you often hear about patent infringement lawsuits and trademark disputes.

Especially in the U.S., lawsuits and other legal disputes are a serious problem for business owners. If you once get served with a complaint, you cannot simply ignore it because your failure to respond will result in default judgment against you. And attorney’s fees that easily go around a thousand of dollars an hour will make you dizzy. As it happens, most accused companies end up settling rather than challenging the allegation of wrongdoing.

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A Legal Perspective of Trademark Misuse

This article contains fictional scenarios that include facts and legal issues that are created for an explanatory purpose. Any of those facts and legal issues including legal conclusions may not be true when applied to your case. Please seek a legal advice or counsel if you need any help.

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Trademark Office Action and Maintenance

It does not end with filing your application.

You’ll likely need to file necessary documents, respond to USPTO’s rejections (called Office Action), and so on. It could take months, and even after it finally gets registered, you need to keep maintaining its status.

Office Action
Maintenance

There’s much more to learn, but …

It’ll be impossible to address everything here. If you have something specific in mind, please consult a professional.

Patent Basics

You’ve heard of patents, but you ask:

 

What’s Patent?
Why So Expensive?
How IPfever works?

For a strong patent portfolio for your business,

How patent works
Look out for others
What can be patented?
Design or Utility Patent?
Patent as business asset
Patent cost and benefit

For drafting a patent application,

Writing Patent Claims
Writing Patent Specification
Overcoming Rejections – obviousness