Industrial Design Cease and Desist Notice

What is a cease and desist notice on an industrial design

A cease and desist notice is a familiar term in everyday legal practice. It is a written notice, usually served through a notary, telling the other party that vested rights have been violated or a debt is unpaid and should be remedied. In the industrial design context, a cease and desist notice is a letter sent to the infringing party before any lawsuit, reminding them of the violation or unpaid obligation.

How is the notice served

Outside the cases where the law requires a specific form, cease and desist notices can be delivered by fax, letter, email, or telegraph in addition to through a notary. Notary-served notices carry more legal weight. That is why a design cease and desist notice is normally served by Sistem Patent’s lawyers through a notary, so there is no procedural weakness afterwards.

What happens after the notice is served

About a month after the notice is served, the delivery is confirmed through the notary and a delivery note is obtained. A notice that is not confirmed as served on the other party has no legal force and is treated as null.

Why a design cease and desist notice matters

One of the key steps in enforcing rights on a registered design is telling the infringer about the infringement. At that point, the cease and desist notice gives you a way to resolve the infringement before triggering a full legal process. For companies and institutions, this saves both time and cost compared to litigation.

Sistem Patent’s services

Sistem Patent’s legal team advises clients through the cease and desist process and what follows. We offer a free initial consultation on drafting and serving the notice and on the related legal support.

We are here to protect your work and secure your rights, from the cease and desist process through the full legal follow-on. Get in touch for details or a consultation.