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.
How to Write a Cease and Desist Trademark Infringement Letter?
When writing a cease and desist letter for trademark infringement, there are a few vital pieces of information you should include to make your letter as effective as possible. #
1. 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
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.
3. 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 not aware 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.
Cease and Desist Letter Trademark Infringement Example
Here’s what a typical trademark infringement notice looks like:
Cease and Desist Trademark Infringement Letter
You can use our document builder to fill in the blanks to create an effective cease and desist letter.
Why Use a Cease and Desist Trademark Infringement Letter?
There are a number of 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 acts as an additional piece of 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.
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 a 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.