We have a requirement to draft a response to a cease and decist letter we received regarding a Trademark we own.
The opposing company does trade in the UK, and is arguing that the two marks may lead to confusion. However, we feel the case has little merit for the following reasons;
1) The two trademarks are phonetically different,
2) Are spelt differently,
3) Have different areas of business focus,
4) Are territorially different (we are in the UK, the opposing company is in the USA)
5) Opposing company has not previously filed trademark protection in the UK.
We feel we have a strong case but legal council from an experienced attorney specialising in these matters is sought.
We look forward to hearing from you.