A trademark infringement cease and desist letter is a document that tells a person or company to stop infringing on a trademark you own. The letter threatens legal action unless the violator stops using your trademark.
Definition of Trademark Infringement
Trademark infringement means using an identical or similar trademarked name, word, phrase, logo, symbol, design, or image.
What Is a Trademark Infringement Cease and Desist Letter?
A trademark infringement cease and desist letter is a formal written request to stop using a trademark belonging to someone else. The letter typically alleges that the recipient is using the trademark without permission and that this use is infringing upon the trademark owner’s rights. It also demands the recipient stop using the trademark immediately.
Is This Letter Legally Enforceable?
No, a trademark infringement cease and desist letter is not legally enforceable. It only warns the infringer that you will take legal action unless they stop.
For your letter to be effective, you must register your trademark with the US Patent and Trademark Office (USPTO). [1] If you don’t, your letter will be powerless because you don’t have legal rights to the trademark, so the offending party can easily ignore it. However, if it’s already registered, infringement can be easier to enforce if you take legal action due to this mandatory application process.
You can check the Trademark Electronic Search System (TESS) to see if your trademark idea has already been taken. [2]
How to Write a Trademark Infringement Cease and Desist Letter
Follow these steps to write an effective cease and desist letter for trademark infringement:
Step 1 – Fill Out the Letterhead & Delivery Information
At the top of your trademark cease and desist letter, you must have a header containing the sender and receiver name, address, and the date the document was created. In this section, you will also select the method of delivery you will use to send the letter to the recipient.
Step 2 – Include the Details of the Infringement
You should also include as much information as possible about trademark infringement. It would be best if you tried to address the following questions as clearly as you can:
- To whom are you addressing the letter?
- What trademark does the infringing party use for their goods and services?
- Is the trademark the infringing party using identical or similar to yours?
- How is the infringing party’s trademark similar to yours?
- How does the infringement confuse consumers?
You could also attach proof of the infringement to show a side-by-side comparison.
Step 3 – Show Proof of Your Trademark Rights
The primary factor you need to consider is proof of your trademark rights. It’s crucial to include the below information when writing your letter:
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- The date the trademark was first used
- The trademark registration number
- The trademark registration date
- The geographic areas where the trademark is used
Step 4 – Provide a time frame for the infringing party to stop using the trademark
It’s also important to include how soon you want the infringing party to stop using your trademark. It’s possible that the infringing party is unaware of your trademark or disagrees that there is any similarity between the two. Allow the other party time to gather facts and respond to your letter.
Why Use a Trademark Infringement Cease and Desist Letter?
Some benefits of writing and sending this letter to a violating party include:
- It can put a stop to trademark infringement immediately. If the infringing party accepts they are infringing on your mark, they could immediately halt its use.
- It could serve as additional evidence that you tried to stop the infringement if you have to take your case to court.
- It could make the infringing party aware of the violation if they unknowingly used the trademark.
Cease and Desist Trademark Infringement Letter Sample
Here’s a sample of our trademark infringement cease and desist letter template. Download this template as a PDF or Word file below:
