If another person or company is infringing on a trademark you own, use a trademark infringement cease and desist letter to demand that they stop. Infringement could mean that they use an identical or similar trademarked name, word, phrase, logo, symbol, design, or image.
Below, we provide a strongly worded template to help you make a powerful demand. The letter threatens legal action unless the violator stops using your trademark.
Cease and Desist Trademark Infringement Letter Template
We provide blanks for you to easily fill in the critical information to make your letter effective, including:
- The date the trademark was first used
- The trademark registration number
- The trademark registration date
- The geographic areas where the trademark is used
Is a Cease and Desist Trademark Infringement Letter Legally Enforceable?
No, a cease and desist trademark infringement letter is not legally enforceable. It only provides warning to the infringer that you will take legal action unless they stop.
For your letter to work as a threat, you need to 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.