First Step to Take When You Receive a Trade Mark Infringement Letter
Emily Young
A trade mark is one type of intellectual property (IP) protection that protects the brand assets of an individual or a business. A trade mark gives its owner exclusive rights to use, license or sell their trade mark, ensuring that their brand stands out amongst its competitors. This includes having the ability to prevent others from using their trade mark without consent. If a trade mark owner considers that you are infringing on their trade mark, they may send you a trade mark infringement letter. This article will unpack steps to take if you receive a trade mark infringement letter.
What is a Trade Mark Infringement Letter?
A trade mark infringement letter is one form of a cease and desist letter. It is a formal letter an individual or a business can send if they believe another party infringes on their trade mark. As part of the letter, the trade mark owner will request the breaching party to stop engaging in such conduct.
You might receive a trade mark infringement letter if someone considers that you are using a trade mark that is:
- identical to theirs without their consent; or
- substantially identical or deceptively similar to theirs.
A trade mark attorney or a lawyer will typically send these letters on behalf of an individual or business. It is important you are aware of exactly how to respond if you receive one of these letters.
What to Do After Receiving a Trade Mark Infringement Letter?
The most important thing to do is to keep calm and not panic if you receive a trade mark infringement letter. Although receiving such a demanding letter can be stressful, panicking might result in you having a hasty response. In a rush, you might act on impulse and respond in an aggressive manner.
Notably, do not ignore any trade mark infringement letter. Although the easy way out, ignoring a letter without considering its contents might result in you being served with an originating process.
Once you receive a trade mark infringement letter, it is best practice to seek advice. Some trade mark infringement letters use tactics to scare you into making choices you do not have to make. However, a legal professional can help you understand the demands in the trade mark infringement letter and understand if there are any grounds for the claims outlined in the letter.
Ways to Respond to a Trade Mark Infringement Letter
You will better understand your options once you have discussed your trade mark infringement letter with a legal professional. Generally speaking, there are three key ways to respond to a trade mark infringement letter.
1. Ignore the Letter
A trade mark infringement letter is not legally binding. As such, you may choose to ignore the letter. Failure to respond to a trade mark infringement letter might mean that you receive a number of follow-up letters and later become involved in court proceedings. Accordingly, it is not recommended to ignore a trade mark infringement letter.
2. Defend Yourself
If you believe you have not infringed anyone’s trade mark, you may choose to defend the allegations. Working with a lawyer, you can prepare a letter denying the claims in the infringement letter. Legal principles should back this response.
3. Adhere to It
If you agree with the claims outlined in the trade mark infringement letter, you should adhere to its requests. Subsequently, you might need to change certain aspects of your branding. While inconvenient, it is generally recommended you take any immediate steps available to avoid legal proceedings.
Key Takeaways
A trade mark infringement letter is one form of a cease and desist letter. It refers to a formal letter sent to either an individual or a business when they consider their trade mark has been infringed upon to request that you stop engaging in such conduct. If you receive a trade mark infringement letter, it is important that you:
- do not panic or hastily respond;
- seek advice from a legal professional; and
- consider all options to respond.
If you need assistance responding to a trade mark infringement letter, our experienced trade mark lawyers can help. Get in touch with them on 1300 657 423 or by filling out the form on this page.