Cease and desist notice for trademark infringement

Unauthorized use of a registered trademark, or supplying goods and services under that mark without notice, constitutes infringement. In those cases, the brand owner needs to serve a trademark cease and desist notice to protect its rights.

Sending a trademark cease and desist notice is a preventive measure. For brand owners, it is an important step in protecting legal rights and also a way to resolve disputes without taking them to court. The process, handled by Sistem Patent's lawyers, serves both infringers and parties who need to respond to a notice.

Trademark infringement and the cease and desist process

A key step in enforcing the legal rights attached to a registered trademark is notifying the other party of the infringement. Before legal proceedings start, a cease and desist notice can stop the infringement. That saves businesses and institutions both time and cost.

Sistem Patent's lawyers are seasoned in trademark, patent, and design law, and run the process for both infringers and parties responding to a notice.

The Industrial Property Code and trademark protection

The Industrial Property Code (Law No. 6769) sets out a full-scope framework for trademark protection. To benefit from it, the mark has to be registered. Unregistered marks do not qualify for this protection and have to rely on unfair competition provisions.

When a brand owner believes its registration has been infringed, it can send a trademark cease and desist notice to stop the infringement. A notice is not always a legal requirement, but in some cases it is a precondition for starting legal proceedings, so drafting the notice properly and within the legal framework matters.

A brand owner has the authority to serve a cease and desist notice on anyone using the mark without permission. Sistem Patent's specialists define the legal framework and provide legal advice to the brand owner. This includes: