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Trademark Infringement Cease and Desist Letter Template
Clearly demand that confusing or unauthorized use of your trademark stop and set out what must be removed or changed.
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Trademark Infringement Cease and Desist Letter Template
[Your Full Name or Business Name]
[Your Title, if applicable]
[Street Address]
[City, State/Province, ZIP/Postal Code, Country]
Email: [Your Email Address]
Phone: [Your Phone Number]
[Date]
[Recipient Full Name or Business Name]
[Recipient Title, if applicable]
[Street Address]
[City, State/Province, ZIP/Postal Code, Country]
Re: Cease and Desist – Trademark Infringement of [Trademark / Brand Name]
Dear [Recipient Name],
1. Parties and Trademark Rights
I am [Your Full Name], the [Owner / Authorized Representative] of [Your Business Name, if any], which owns and uses the following trademark (the “Trademark”):
Trademark / Brand Name: [Trademark / Brand Name]
Type of Mark: [Word Mark / Logo / Combined Mark]
Registration Number(s) (if any): [Registration Number(s) or “Unregistered – Common Law Rights”]
Jurisdictions: [List of Countries or Regions]
Goods/Services: [Brief Description of Goods or Services Associated with the Mark]
First Use in Commerce (if applicable): [Date]
The Trademark is used in connection with [Short Description of Business, Products, or Services].
2. Description of Infringing Use
It has come to our attention that you, or parties under your control, are using a mark that is identical or confusingly similar to the Trademark without authorization (the “Infringing Mark”). Specifically, we have identified the following uses:
Infringing Use 1: [Description of Use, e.g., use on products, website, ads]
Location: [Website URL, Online Store, Social Media Account, Physical Location]
Date or Time Period: [Date or Date Range]
Infringing Use 2: [Description of Use]
Location: [Location]
Date or Time Period: [Date or Date Range]
Additional Instances (if any): [Further Descriptions and Locations]
Your use of the Infringing Mark in connection with [Description of Recipient’s Goods/Services] is likely to cause confusion, mistake, or deception among consumers regarding the source, sponsorship, affiliation, or endorsement of your goods or services.
3. Lack of Authorization and Infringement
You do not have any license, permission, or other authorization from us to use the Trademark or any confusingly similar mark.
Your current use of the Infringing Mark:
Trades on the goodwill and reputation associated with the Trademark;
Creates a likelihood that consumers will mistakenly believe your goods or services are connected with, sponsored by, or approved by us; and
May constitute trademark infringement, unfair competition, and related violations under applicable law.
4. Demand to Cease and Desist
Accordingly, you are hereby directed to immediately cease and desist from any and all use of the Trademark and any confusingly similar mark, including but not limited to:
Using the Infringing Mark on products, packaging, labels, or tags;
Using the Infringing Mark on websites, online marketplaces, apps, social media, or advertising;
Using the Infringing Mark in domain names, usernames, handles, or profiles;
Using any logo, design, or phrase that is confusingly similar to the Trademark in connection with your goods or services.
5. Required Corrective Actions
In addition to stopping all infringing use, you are required to complete the following actions no later than [Deadline Date]:
Removal of Infringing Material
Remove the Infringing Mark from all products, packaging, labels, marketing materials, websites, online listings, social media pages, and any other channels under your control.
Domain Names and Usernames (If Applicable)
Stop using any domain names, URLs, social media handles, or usernames that incorporate the Trademark or a confusingly similar variation.
Confirm whether you are willing to transfer any such domain names or handles to us and, if so, cooperate in completing the transfer.
Cessation of Sales and Advertising
Cease all sales, offers for sale, and advertising of goods or services bearing the Infringing Mark or any similar designation.
Destruction or Modification of Materials
Destroy or permanently remove the Infringing Mark from remaining inventory, packaging, labels, signs, and promotional items, or modify them so that they no longer use any confusingly similar mark.
Written Confirmation
Provide written confirmation that you have complied with all of the above steps and that you will not use the Trademark or any confusingly similar mark in the future.
6. Accounting and Information Request (If Applicable)
To assess the extent of the infringing activity, we request that you provide, by [Deadline Date]:
An accounting of all sales of products or services offered under the Infringing Mark, including quantities sold, dates, and revenue;
Identification of any manufacturers, distributors, resellers, or other third parties involved in producing or selling goods or services under the Infringing Mark.
7. Consequences of Non-Compliance
If you do not fully comply with the demands in this letter by [Deadline Date], we will consider all options available to protect our trademark rights and brand, which may include, without limitation:
Filing complaints with online marketplaces, social media platforms, domain registrars, and hosting providers to remove infringing content and listings;
Consulting with a licensed attorney regarding legal action for trademark infringement, unfair competition, and related claims;
Seeking injunctive relief, damages, an account of profits, and recovery of costs and attorneys’ fees where permitted by law.
8. Reservation of Rights
This letter is not a complete statement of all facts or legal claims relating to this matter. Nothing in this letter should be interpreted as a waiver, limitation, or election of any rights, remedies, or damages available under trademark, unfair competition, or other applicable laws. All such rights and remedies are expressly reserved.
9. Contact and Response
Please send your written response and confirmation of the actions taken by [Deadline Date] to:
Name: [Contact Person’s Full Name]
Title: [Contact Person’s Title]
Email: [Contact Email Address]
Mailing Address: [Mailing Address for Correspondence]
Phone: [Contact Phone Number]
For clarity and record-keeping, we request that all communications regarding this matter be in writing.
Sincerely,
[Your Full Name]
[Your Title, if applicable]
[Your Business/Organization Name, if applicable]
[Signature, if printed]
[Date]
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Learn more about
Trademark Infringement Cease and Desist Letter Template
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
TRADEMARK INFRINGEMENT CEASE AND DESIST LETTER TEMPLATE FAQ
What is a Trademark Infringement Cease and Desist Letter?
A Trademark Infringement Cease and Desist Letter is a formal written notice telling a person or business to stop using your trademark, brand name, logo, or a confusingly similar mark without permission. It identifies your mark, explains how their use is infringing, and demands that the infringing use stop and be removed.
When should I use this type of letter?
You can use this letter when someone is using your brand or a similar name/logo on products, services, websites, social media, advertising, domain names, or packaging in a way that may confuse customers or suggest a false connection with you. It is often a first step before filing a trademark opposition, cancellation, or lawsuit.
What should a trademark infringement cease and desist letter include?
It should identify you and your trademark, list registration details or common law use, describe the infringing use, explain why it is confusing or misleading, state that the other party has no authorization, demand that they stop and remove the infringing material, and set a deadline for confirmation while reserving all of your rights.
Does sending this letter prove infringement?
No. The letter states your position and puts the other party on notice of your rights. It is not a court decision. Whether a particular use infringes a trademark can depend on several legal factors. The letter does, however, create a clear record that you object and have asked the other party to stop.
Can I ask the other party to transfer a confusing domain name or social media handle?
Yes. Many trademark owners use a cease and desist letter to request not only that infringing use stop, but also that confusing domain names, usernames, or handles be transferred or changed so they no longer use the mark or a confusingly similar variation.
Can AI Lawyer help me customize this Trademark Infringement Cease and Desist Letter?
Yes. AI Lawyer can help you adapt this Trademark Infringement Cease and Desist Letter template by inserting your trademark details, listing specific infringing uses, and refining the demands and deadlines so your letter is clear, firm, and professional.
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