If another person or company infringes on a trademark you own, use a trademark infringement cease and desist letter to demand that they stop. Infringement could mean using an identical or similar trademarked name, word, phrase, logo, symbol, design, or image.
The letter threatens legal action unless the violator stops using your trademark. Learn more about this in our Trademark Infringement guide.
What is a Cease and Desist Trademark Infringement Letter?
A Cease and Desist Trademark Infringement 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, and it demands the recipient stop using the trademark immediately.
Is a Trademark Infringement Letter Legally Enforceable?
No, a trademark 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 work as a threat, you must register your trademark with the US Patent and Trademark Office (USPTO).  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. 
How to Write a Trademark Infringement Letter?
When writing a cease and desist letter for trademark infringement, you should include vital information to make your letter as effective as possible.
Step 1 – Letterhead & Delivery
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 on which 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 – Details of the Infringement
You should also include as much information as possible about trademark infringement. You should try to address the following as clearly as you can:
- What trademark is the infringing party using in connection with their goods and services?
- Is the trademark the infringing party using identical or similar to yours?
- How is the infringing party’s trademark the same as or similar to your trademark?
- How does the infringement confuse consumers?
You could also attach proof of the infringement to show a side-by-side comparison.
Step 3 – Proof of Your Trademark Rights
The major factor you need to consider is proof of your trademark rights. So it is crucial to include the below information when writing your cease and desist letter:
- 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 – Timeframe 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 mark or disagrees that there is any similarity between the two. Allow the other side time to gather facts and respond to your letter.
Use our document builder to fill in the blanks for all the critical information you need to include in your letter.
Why Use a Trademark Infringement Letter?
There are several benefits to using a Cease and Desist Trademark Infringement letter.
- Put a stop to trademark infringement immediately. If the infringing party accepts they are infringing on your mark, they could halt the use of it straight away.
- A cease and desist letter is additional evidence if you have to take your case to court.
- In some cases, the infringing party may not even be aware of the infringement— a cease and desist letter lets them know.
Cease and Desist Letter – Trademark Infringement Example
Here’s a sample of our Trademark Infringement Letter template:
You can create your version of this using our step-by-step document builder or download a blank template in PDF or Word format and fill it out on your own.