At the beginning of January 2018, we were approached by a food producer, with whom we have previously worked on several projects. The client had just found out that a competitor was using a similar to his trademark in its business. Our client has rights on the trademark since 1999 and his competitor uses a similar trademark from the end of 2017. We consulted the client about all possible ways to protect the trademark. We advised our client that the fastest and most appropriate way to stop the infringement is to prepare and send a cease and desist letter. The client assigned the task of the draft the letter. In the letter, we have compared the two trademarks and also the goods. There was a high degree of similarity between the trademarks, and the goods were identical. We provided the infringing party a two-week period to cease the infringement, namely: to stop using the trademark. We pointed out that if he does not cease the violation within the specified deadline, we will take all legal actions to protect the trademark rights of our client. As evidence, we provided the certificate of registration of the earlier trademark. As a result of the cease and desist letter sent by us, the infringing party ceased to use the trademark within one week of receipt of the letter, and thus any confusion among the consumers has been avoided.
