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Trademark Infringement Warning Letter Template
Politely but firmly warn another party about possible trademark infringement and request that confusing use of your mark be corrected.
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Trademark Infringement Warning 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: Trademark Use Concerning [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]. Our business 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: [Countries or regions]
Goods/Services: [Brief description of goods or services associated with the mark]
First Use in Commerce (if applicable): [Approximate Date]
We use the Trademark in connection with [short description of your business, products, or services].
2. Observed Use of Similar Mark
It has come to our attention that you, or parties under your control, are using a name, logo, or other designation that appears to be identical or confusingly similar to the Trademark (the “Challenged Mark”). For example, we have observed:
Use of [Challenged Mark] on: [Website URL, online marketplace listing, app, social media profile, signage, packaging, or other location]
Use in connection with: [Description of recipient’s goods or services]
First noticed on or around: [Approximate Date]
From a customer’s perspective, your use of the Challenged Mark in connection with similar or related goods/services may create a likelihood of confusion as to source, sponsorship, or affiliation.
3. Concern About Likelihood of Confusion
We are concerned that consumers may:
Assume that your products or services come from us or are endorsed by us;
Believe that there is a business relationship, partnership, or authorization between our businesses; or
Have difficulty distinguishing between our offerings and yours because of the similarity in branding.
We respect the efforts you have invested in your business and understand that unintentional overlap can occur. At the same time, we must take reasonable steps to protect the goodwill and distinctiveness of our Trademark.
4. Request to Review and Adjust Use
In light of the above, we respectfully request that you:
Review your current use of the Challenged Mark in light of our Trademark rights; and
Consider taking steps such as:
Modifying your business name, logo, or branding so that it is clearly distinguishable from our Trademark;
Phasing out the Challenged Mark in connection with goods or services that overlap with ours;
Avoiding any marketing language or imagery that may suggest a connection or endorsement by our business.
We would appreciate your written confirmation that you are willing to adjust your use to avoid confusion, or a clear explanation of your position if you believe there is no risk of infringement or confusion.
5. Requested Response and Next Steps
Please provide a written response 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]
In your response, please indicate:
How you currently use the Challenged Mark;
Any steps you are prepared to take to reduce or eliminate potential confusion; and
Any information you would like us to consider regarding your choice of name or branding.
Our preference is to resolve this matter amicably and without further escalation. Open communication and prompt adjustments can often avoid more formal proceedings.
6. Reservation of Rights
This letter is intended as an initial warning and an opportunity to resolve the issue informally. It 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 to us under trademark, unfair competition, or other applicable laws. All such rights and remedies are expressly reserved.
7. Closing
We hope that you will treat this matter seriously and respond within the requested timeframe. We believe a cooperative solution is in the best interest of both parties and of consumers who rely on clear and accurate branding in the marketplace.
Thank you for your attention to this matter.
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 Warning 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 WARNING LETTER TEMPLATE FAQ
What is a Trademark Infringement Warning Letter?
A Trademark Infringement Warning Letter is a formal but generally softer written notice that alerts a person or business to potential unauthorized or confusing use of your brand name, logo, or other trademark. It asks them to review their use, consider your rights, and change or stop the use before you take stronger steps.
How is a warning letter different from a cease and desist letter?
A warning letter typically uses a less aggressive tone and may focus on raising concerns, inviting clarification, and requesting voluntary changes. A cease and desist letter is usually firmer, clearly demanding that infringing use stop by a specific deadline and more directly warning of possible legal action if it does not.
When should I use a Trademark Infringement Warning Letter?
Use this letter when you first notice a potentially confusing or unauthorized use of your mark and want to resolve the issue cooperatively. It is especially useful when you are unsure whether the other party is aware of your rights or when you prefer to start with a less confrontational approach.
What should a Trademark Infringement Warning Letter include?
It should identify you and your trademark, briefly describe your rights and how the mark is used, describe the other party’s use that concerns you, explain why this use may cause confusion, and politely request that they review and adjust or stop their use. It should also ask for a written response and reserve all of your rights.
Do I need to prove infringement in the warning letter?
No. The warning letter shares your concerns and puts the other party on notice of your trademark rights. You do not need to provide a complete legal analysis, but you should be specific enough that they understand which mark you own and which uses you are concerned about.
Can AI Lawyer help me customize this Trademark Infringement Warning Letter?
Yes. AI Lawyer can help you adapt this Trademark Infringement Warning Letter template by inserting your trademark details, adding examples of the other party’s use, and refining the wording so your letter is clear, professional, and consistent with your preferred tone.
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