Is a pending trademark enough for sending a cease and desist letter, or does it have to be registered?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Before you can send a cease and desist letter, you should have a fully registered trademark in the jurisdiction where the infringement of your brand took place.

Please keep in mind that if your application gets approved, your rights will start counting retroactively from the filing date. Meaning that once your trademark is fully registered, you can send a cease and desist letter to any party that misused your brand during the registration process.

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