Trademark Cease and Desist letters elicit wildly different mental and emotional reactions, depending on whether you are on the sending or receiving end of these letters. The fundamental purpose of a cease and desist letter, of course, is to allow a holder of a trademark to notify an alleged violator that there is indeed trademark infringement underway, and stipulate the trademark holder’s demands and threats if those demands are not met.
Perhaps one of the most common questions our trademark attorneys are asked is whether or not I can use my name as a trademark. This is of course not particularly surprising – entrepreneurs and small business owners very often want to brand their businesses with their own names to make the company feel more personal and in a certain way, intimate.
That your trademark has gone abandoned is not necessarily a fatal conclusion and the USPTO provides its applicants an opportunity to revive an abandoned trademark under certain circumstances. Like all dealings with the USPTO, form matters and there are specific procedural rules and requirements that must be met when filing a petition to revive.
A trademark opposition proceeding can be commenced by anyone with a legitimate interest in the registration of a pending trademark. A trademark opposition lawyer can help.
Trademark litigation can be immensely costly and resource-consuming so it is critical to first evaluate the scope of the case and attempt to at least make an educated guess as to the chances of success.