Back to Using your trademark

I started the trademark registration process a few months ago, still pending, but someone has stolen the name of my event. Do I have the legal stance to send a cease & desist letter?

Written by Jan Buza

Co-founder of Trama

Not yet. A cease and desist letter requires a registered trademark in the jurisdiction where the infringement occurred. A pending application does not give you that right.

Once your application is approved, your rights will run retroactively from your filing date, which means the infringement that has already occurred will fall within the scope of your registered rights. At that point, you can send a cease and desist letter covering conduct that happened during the pending period.

In the meantime, document all instances of the infringement: screenshots, dates, URLs, and any evidence of consumer confusion. This will support your case once you have the registration in hand.

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