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:

1. Review your current use of the Challenged Mark in light of our Trademark rights; and

2. 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]