If you receive a cease and desist letter from another business in Georgia claiming that you are infringing on their trademark, you should take the following steps:
- Consult with a licensed attorney: The first and most important step is to consult with a licensed attorney who specializes in trademark law. They can help you understand your legal options and advise you on the potential risks and pitfalls of continuing to use the allegedly infringing mark.
- Review the letter: Carefully review the cease and desist letter to determine exactly what claims are being made against you. Take note of any deadlines or demands that are made in the letter, as well as any evidence or documentation that is provided.
- Investigate the claim: Conduct your own investigation to determine whether there is any merit to the claim being made by the other business. If you believe that you are not infringing on their mark, gather evidence to support your position.
- Consider a response: After consulting with your attorney and conducting your own investigation, you should consider whether to respond to the cease and desist letter. Your attorney can help you craft a response that addresses the claims being made while also protecting your legal rights and interests.
- If necessary, seek mediation or file a lawsuit: If you are unable to resolve the dispute through negotiation or discussion, you may need to seek mediation or file a lawsuit to protect your rights and interests. Your attorney can advise you on the best course of action to take in your specific situation.
It is important to note that there are potential limitations and exceptions to the advice given above, depending on the specific facts and circumstances of your case. As such, it is crucial that you seek legal advice from a licensed attorney who can provide you with tailored and personalized advice based on your particular situation.
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