Cease & Desist and Enforcement

Trademark conflicts rarely announce themselves at a convenient time. Whether you have discovered someone using a confusingly similar mark or received a demand letter yourself, the first steps matter: they set the tone of the dispute, preserve your options, and frequently determine whether the matter resolves in weeks or drags on for months. A measured, well-supported letter is usually the most efficient opening move — and responding to one carelessly is one of the easier ways to make a situation worse.

On the enforcement side, we assess the strength of your rights and the seriousness of the conflict before anything is sent, then draft a cease-and-desist or demand letter calibrated to your actual goal — whether that is stopping the use entirely, negotiating a phase-out, or opening settlement discussions. On the receiving side, we evaluate the claims made against you, identify weaknesses and defenses, and prepare a response that protects your position without escalating unnecessarily.

Many conflicts end best not with a winner but with an agreement. Where the parties can operate side by side, we draft and negotiate consent and coexistence agreements that define each side's boundaries — often the same instrument that resolves a USPTO refusal based on a prior registration. All enforcement work is quoted as a flat fee. Where a dispute belongs before the Trademark Trial and Appeal Board, we represent clients there as well — see our TTAB Opposition Proceedings and USPTO Appeals services. We do not represent clients in federal court litigation, and will refer those matters to appropriate counsel.