What is a trademark cease and desist letter?
A trademark cease and desist letter is a document sent from the owner of a trademarked item to someone who is using that mark without authorization. The letter usually states that the trademark owner has a legal right to the trademark and that the unauthorized user must stop using the mark. In North Carolina, trademark law is governed by the North Carolina Business Corporation Act. Under this Act, a trademark is a word, phrase, or logo that a business uses to distinguish its products or services from those of another business. To gain exclusive rights to the trademark, a business must register it with the North Carolina Secretary of State. This is often done through the filing of a trademark application. Once the trademark is registered, the owner has the right to take legal action against anyone using the mark without permission. This action could include sending a trademark cease and desist letter. The letter must clearly indicate the trademark owner’s rights to the mark and explain that the unauthorized user must cease and desist from using the mark. The letter should also explain the legal remedies available to the trademark owner if the user does not comply. It is important to follow the proper legal procedures when asserting trademark rights. If a trademark owner fails to take the necessary steps before sending a cease and desist letter, the letter can be seen as an act of harassment and could be grounds for a civil lawsuit.
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