This post covers cease and desist letter for trademark infringement
It may take years to build a brand, but it may take seconds to ruin it.
Trademark infringers are very dangerous individuals to your goods or service. You must find a powerful way to stop them whenever you smell them.
The quickest and most powerful tool to stop trademark infringers is a cease and desist letter.
How to write a strong cease ad desist letter for trademark infringement?
Here you will learn more than that, I will cover
- what is cease and desist letter for trademark infringement.
- is the cease and desist letter for trademark infringement legally binding?
- why do you need it?
- Can you sue without a cease and desist letter for trademark infringement?
- What if your letter did not work? what should you do?
- Do you need a lawyer for it?
- How to write a cease and desist letter for trademark infringement
- format of cease and desist letters for trademark infringement.
- Sample cease and desist letter for trademark infringement
let’s get started
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What is cease and desist letter for trademark infringement?
A cease and desist letter for trademark infringement is a brief statement of facts written by a trademark owner to notify an infringer that using his/her registered trademark is illegal and that he must cease immediately or face legal action.
Cease and desist letter will help you claim trademark infringement when a person uses an identical or similar trademark to your registered trademark for identical or similar goods and/or services, which is likely to confuse the public about who owns the goods and/or services.
As the trademark owner, you should not take an unreasonable amount of time to send the cease and desist letter. Acting quickly demonstrates that you are taking steps to enforce your rights and assists you in building your case against the infringing party should the issue require court intervention.
Is the cease and desist letter for trademark infringement legally binding?
A cease and desist letter for trademark infringement has no legal authority other than your threat of future legal action.
The police will be unable to enforce your letter because it lacks legal authority.
You may need to take additional legal action if the recipient’s response becomes more aggressive (you will see them later in this post).
Why do you need a cease and desist letter for trademark infringement?
A trademark infringement ceases and desists letter is a formal request that the recipient immediately stops (“cease”) and refrain (“desist”) from infringing your trademark.
It serves as a reasonable warning to the infringer that legal action will be taken if the infringing activities do not cease immediately.
As a result, a well-written letter has the potential to;
- Assist you in immediately stopping the infringing activity.
- assist you in avoiding the time-consuming, expensive, and stressful litigation process
- If your case goes to court, this will be used as additional evidence.
- It has the ability to initiate a trademark license agreement. You can license the infringer, exercise control over the quality of the goods and services, and receive a royalty on sales of those goods and services by entering into a license agreement.
Can you sue without a cease and desist letter for trademark infringement?
Yes, you can sue for trademark infringement without first sending a cease and desist letter.
Although most civil suits do not require this letter to proceed, it is extremely useful.
A cease and desist letter can kickstart efforts to resolve the matter outside of court, saving not only time but also money on legal counsel and court fees.
Furthermore, the cease and desist letter is the first formal step in notifying the infringer that he is violating U.S Trademark law.
You should also be aware that the recipient may file a declaratory judgment and request that the court exercise declaratory judgment jurisdiction over the case and enter a judgment that he is not infringing on your trademark.
If the risk of a declaratory judgment action appears high, consider filing the complaint first before sending the cease and desist letter, just to be on the safe side in case the matter cannot be resolved without litigation.
What if your trademark infringement cease and desist letter did not work?
If your cease and desist letter for trademark infringement is ignored or worsens the situation, you will almost certainly need to take the following legal action.
- You can request a legally binding cease and desist order from the court.
- You can ask the court for a restraining order to prevent the other party from infringing on your trademarks.
- You may also seek monetary compensation
You can sue for infringement under the common law tort of passing off if someone uses your unregistered trademark without your permission and benefits from your company’s goodwill or reputation.
To successfully sue for passing off, you must demonstrate that the mark is yours, that you have a reputation in the mark, and that the other party’s use of the mark has harmed your reputation.
Do you need a lawyer for cease and desist letter for trademark infringement?
Although you can write and send a cease and desist letter for trademark infringement on your own or by using an online template/sample, it is always a good idea to consult with a lawyer before sending your letter to understand the risks and explore potential options.
Because trademark infringement is a complicated legal subject, sending your letter from an attorney may give you more power and influence.
Furthermore, consulting an attorney will give you the assurance that you are on solid ground if you need to negotiate a compromise or pursue the threatened legal action.
Although you can write and send a cease and desist letter for trademark infringement on your own or with the help of an online template/sample, it is always a good idea to consult with a lawyer before sending your letter in order to understand the risks and explore potential options.
Due to the complexities of trademark infringement law, sending your letter from an attorney may give you more power and influence.
Additionally, consulting an attorney will ensure that you are on solid ground if you need to negotiate a compromise, trademark license, or pursue the threatened legal action.
How to write a cease and desist letter for trademark infringement
A cease and desist letter for trademark infringement is written in business letter format. Begin your letter with your address and contact information, followed by a date and the infringer’s address, and state that you are writing to order the recipient to cease infringement activities before taking legal action; don’t forget to include infringement details and evidence. Finish with “Sincerely,” then your name and signature.
REMEMBER! A cease and desist letter for trademark infringement requests that the recipient immediately stop (“cease”) and refrain (“desist”) from infringing on your registered or unregistered trademark.
Thus, Do the following to write an effective cease and desist letter for trademark infringement;
- Provide your name and contact information
- Include the date of the letter
- Include the recipient’s address
- if you’ve registered the trademark, provide the Trademark Registration Number (you can search here)
- Clearly states that you want him to stop infringing your trademark
- Provide the details and the evidence of infringement and request that the party ceases these actions by a certain date.
- Explain what will happens if he fails to heed your letter
- Attach documents, records, or other proof for easy reference.
- Maintain a professional tone
- Be honest
additional helpful hints
- Send the letter certified mail so that you have proof that it was delivered.
- Keep a copy
Format of cease and desist letter for trademark infringement
The following is the format for your cease and desist letter for trademark infringement:
- Your Address/ Your attorney’s address
- recipient’s address
- Subject line
- [opening paragraph]- A statement that you want him to stop infringing your trademark
- [body paragraphs]- details of the infringement activities, the applicable law violated, etc.
- [closing paragraphs] – provide the time to act, explain what next if he will not heed your letter
- name and signature
Sample cease and desist letter for trademark infringement
City, State, Zip Code
[Recipient’s Street Address]
[Recipient’s City, State, and Zip Code]
RE: Cease and Desist All Trademarks Infringements Regarding [trademark name]
Dear [Recipient’s name]
We have learned that your company has been using the trademark “[NAME OF TRADEMARK]” in connection with the marketing or selling of your products and services. Please be advised that “[NAME OF TRADEMARK]” is our company’s registered trademark (U.S. Reg. No. ). (copy enclosed).
We have certain proprietary rights as a result of our federal registration of this trademark. We have the right to limit the use of the trademark, or a confusingly similar trademark, in connection with confusingly similar products or services.
Our trademark serves as an important and distinct representation of our products as well as our company’s goodwill.
As a result, we believe it is critical to safeguard it against any misrepresentation that could cause significant harm to our business
Your unauthorized use of our federally registered trademark constitutes an infringement of our trademark rights, and we respectfully request that you cease and desist from using “[NAME OF TRADEMARK]” in connection with the marketing, sale, distribution, or identification of your products or services immediately.
We understand that you may have been unaware of the conflict. We respectfully request that you respond by letter within ten (10) calendar days of the receipt of this letter, assuring us of your immediate actions to cease and desist the use of the trademark “[NAME OF TRADEMARK]” or any confusingly similar trademark.
We hope that this issue can be resolved amicably so that we can avoid further legal action under state law and the US Trademark Act.