Trademark Infringement Cease and Desist Letter

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A trademark infringement cease and desist letter is a notice sent to a person or entity that is using the sender’s trademark without authorization. The letter informs the recipient of how they have infringed on the sender’s intellectual property, the trademark name and registration number, and what they must do to stop their infringement and avoid further escalation.

Trademark Infringement Cease and Desist Letter

A trademark infringement cease and desist letter is a notice sent to a person or entity that is using the sender’s trademark without authorization. The letter informs the recipient of how they have infringed on the sender’s intellectual property, the trademark name and registration number, and what they must do to stop their infringement and avoid further escalation.

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Last updated January 28th, 2025

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A trademark infringement cease and desist letter is a notice sent to a person or entity that is using the sender’s trademark without authorization. The letter informs the recipient of how they have infringed on the sender’s intellectual property, the trademark name and registration number, and what they must do to stop their infringement and avoid further escalation.

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Enforcing Trademark Rights

The USPTO does not enforce trademark violations on the holder’s behalf. Therefore, it’s the responsibility of the trademark owner to stop violations and retain their exclusive rights.[2]

By sending a cease and desist letter to anyone who misappropriates their trademark, the owner demonstrates that they are taking action to protect it. Furthermore, the letter may required as evidence that the infringer knowingly violated the trademark if the issue is brought before a court.

Sample

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NOTICE TO CEASE AND DESIST

[SENDER’S NAME]
[SENDER’S STREET]
[SENDER’S CITY, STATE, & ZIP]

Date: [MM/DD/YYYY]

Re: Trademark Infringement

Dear [RECIPIENT’S NAME],

It has come to our attention that you are making unauthorized use of the trademark [NAME OF TRADEMARK] by [DESCRIBE INFRINGEMENT USE].

Under federal registration laws, we are the owners of the trademark [NAME OF TRADEMARK] currently with the United States Patent and Trademark Office under the following registration number: [REGISTRATION NUMBER]. Therefore, we have the right, including but not limited to, restrict, prevent or limit the use of our trademark in order to protect it against any misrepresentation.

We hereby demand that you immediately cease and desist in any additional use of our trademark that will likely cause misrepresentation in relation with distribution, advertising, identification, and sales of our products or services.

If you fail to comply with the aforementioned demand(s) within [#] days we will have no choice but to pursue all legal causes of action, including the filing of a lawsuit to protect our interests. We remind you that this letter serves as a pre-suit notice for a lawsuit against you and failing to correct will likely make you liable for any damages the court determines we have suffered as a result of your infringement.

It is in our best interests to have this issue amicably settled in an effort to avoid further legal remedies as provided by State and Federal laws.

Sincerely,

________________________
[PRINTED NAME]

Resources

Sources

  1. 15 U.S.C. § 1127
  2. § 32 (15 U.S.C. § 1114)