No business would want to be embroiled in a court battle owing to trademark infringements in the UAE. Trademark lawsuits would snatch the precious time and resources of business owners and are likely to put a dent in their brand value. How hard they try, businesses are still vulnerable to receiving a cease and desist letter from other trademark owners owing to a confusingly similar trademark. Trademark agents in the UAE advise brand owners to seek the help of reliable Intellectual Property Service firms to effectively deal with claims of trademark infringement disputes.
What is a Cease and Desist Letter?
A cease and desist letter is a notice, using which brand owners claim that other brand owners are infringing their intellectual property rights. This notice could be considered the first step in the process of a trademark lawsuit. In a cease and desist letter the brand owners issue a warning and tell others to stop using their trademarks before they proceed with a lawsuit.
If a business receives a warning in the form of a Cease and Desist letter, it is better not to avoid it. The Cease and Desist letter is not a court order and therefore can’t be legally enforced. However, downplaying the relevance of such a warning notice is also not advisable in case the claims in the letter are valid.
Steps to be Taken to Effectively Deal with a Cease and Desist Letter
Trademark agents in the UAE recommend the following steps for the companies to defend themselves in the event of receiving a Cease and Desist letter:
1. Consult an Intellectual Property Rights Lawyer
A cease and desist letter may be written in dense legal terminology, which may lead to misinterpretation. Do not hesitate to seek the help of a trademark legal consultant, who is well-versed in the Intellectual Property laws of the UAE and experienced in successfully handling trademark disputes. The legal consultant could read the notice and verify if the claims of trademark infringement are valid or not. The trademark consultant would suggest how to proceed further.
2. Avoid Public Discussions on the Letter
Trademark agents in the UAE suggest that brand owners should refrain from having any open discussion on the contents of the letter. Businessmen should also avoid posting anything related to the content of the letter on social media as it could be taken as evidence later. However, the matter could be discussed with the business partners and lawyers keeping confidentiality.
3. Respond to the Cease and Desist Letter
Based on the advice from the trademark attorney, the brand owner can evaluate the options before him. Sometimes the claims in the letter may be valid and sometimes there won’t be any cause for concern. If the sender’s claims are valid according to the trademark attorney, it is advisable to follow his words on what further actions to be taken. In the case of invalid allegations, the receiver of the letter may be tempted to ignore the letter. However, the sender may drag the brand owner to court even if his claims are not valid. In that case, respond to the letter as per the trademark lawyer’s advice.
4. Negotiation and Settlement
Negotiation and settlement is the most common way of dealing with a trademark dispute. Brand owners in the UAE may choose this way to avoid lengthy trials in the court which may consume their valuable time. If the trademark attorney advises that the sender’s claims are valid, the businesses can attempt negotiation and settlement to resolve the dispute.
5. Court Trial
If all the attempt to negotiate and settle the trademark dispute fails, then the last choice for brand owners to defend themselves is the option to go for trial. Going for trial could prove to be a lengthy affair in the court. Consulting an efficient trademark lawyer is advisable at this stage.
Why Choose Jitendra Intellectual Property?
After carefully evaluating all the options listed above, brand owners need to take a wise decision to choose the right Intellectual Property Rights services that can help them defend themselves in the event of receiving a Cease and Desist Letter. Jitendra Intellectual Property (JIP) is one of the leading intellectual property service firms in the UAE with years of experience in helping its clients tackle trademark infringement disputes. JIP’s trademark agents are highly qualified and are committed to protecting the trademarks of the companies in the GCC countries. JIP represents the brand owners in legal disputes regarding trademark infringements and leads negotiations and settlements on behalf of the brand owners.