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If a business is not expecting a trademark cease and desist letter, its arrival can cause a lot of anxiety and angst for the business owner, director, or product marketing manager. It may be tempting to view such a letter as the opening of a black hole that will suck all the profits and capital out of your business or to think that it could spell the end of your marketing efforts, of your product line, or even of your business. In such a state of anxiety, it can become easy to take actions that could hurt your ability to defend yourself against the claims in the letter or could convert a potentially challenging but contained situation into a serious and more costly one.
Those early moments after receiving a trademark demand letter need not create anxiety. We have provided five first steps to take if you receive a trademark cease and desist letter, also known as a trademark demand letter. These five steps can reduce your anxiety and set you on a health path to defending whatever claims are presented in the letter.