Use our trademark infringement cease and desist letter template to warn violators that you’ll take legal action unless they stop.
Updated September 20, 2023
Written by Ioana Gagiuc | Reviewed by Brooke Davis
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.
Trademark infringement means using an identical or similar trademarked name, word, phrase, logo, symbol, design, or image.
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.
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]
Follow these steps to write an effective cease and desist letter for trademark infringement:
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.
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:
You could also attach proof of the infringement to show a side-by-side comparison.
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:
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.
Some benefits of writing and sending this letter to a violating party include:
Here’s a sample of our trademark infringement cease and desist letter template. Download this template as a PDF or Word file below:
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Create Your Cease and Desist Letter for Trademark Infringement in Minutes!
