Sued For Trademark Infringement - Now What?

The U.S. Patent and Trademark Office has a couple of great resources to guide you in your next steps after being sued for trademark infringement or receiving a cease and desist letter.

The USPTO "I've Received a (Cease and Desist) Letter" flyer answers:

  • What is a trademark infringement cease and desist letter?
  • What are my options if I receive a trademark infringement cease and desist letter?
  • Does receiving a cease and desist letter from the trademark owner mean that I'm being sued or will be sued?
  • What if the trademark is not federally registered, or the registration expired or was cancelled?
  • How can I use USPTO records to find out more information about the claimed trademark and who owns it?
  • How can I challenge a trademark registration or application?
  • Do I need an attorney to respond to a cease and desist letter?
While you are not required to have an attorney to respond to a cease and desist letter, an attorney can help you understand the scope of your trademarks rights and the strengths and weaknesses of the allegations against you.
— U.S. Patent & Trademark Office

The USPTO "I've Been Sued" flyer answers:

  • How does a trademark infringement lawsuit begin?
  • What are my options to respond to the trademark lawsuit?
  • How do I find a trademark lawyer?
  • How do I know whether I'm actually infringing a trademark?
  • How can I use USPTO records to find out more information about the claimed trademark and who owns it?
  • How can I challenge a trademark registration or application?

Contact Lewisville, Texas Trademark lawyer Tamera Bennett with any questions.

 

 

 

 

 

 

 

 

 

 

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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