I’ve received a nastygram – what do I do?

Sometimes things don’t go according to plan; 

Regardless of whether you’ve actually been smart and protected your IP, or if you’ve not got around to it yet, occasionally that nasty letter can land through the letterbox and set in a fear of panic.

Perhaps you may have infringed upon someone else’s design or patent?

Or your brand name is too similar to one already registered and they want you to cease and desist?

What about your logo too closely resembling one already in use?

If you get one of those nasty letters here’s our top tips for the next immediate steps:

 

  1. Don’t panic or react in haste; there’s always time allowed enabling you to respond properly.

 

  1. Don’t ignore the letter and think the issue will go away. It won’t.  There are timescales involved for responding and the matter will be escalated if you don’t.

 

  1. Contact an IP professional who can help. Of course, this comes at a cost but can be managed, and potentially less expensive, if handled professionally rather than trying to tackle it yourself.  IP attorneys are specialists who are used to defending trade mark, patent and design registrations in order to get you the best possible outcome.

 

  1. Ensure you have all your relevant paperwork together which will help your case. Your IP professional will need as much evidence as possible.

 

  1. Learn from any mistakes and remember to keep on top of your trade mark, patent and design filings and discuss any changes to your business with your IP professional. They can ensure your IP decisions are strategic and in line with your business objectives.
Author

Amy Kasprzyca

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