Trademark Cease and Desist Letter - Free Download on UpCounsel

Trademark Cease and Desist Letter

Startup Law ResourcesIntellectual Property

This trademark cease and desist letter can be used as the first communication against potential trademark infringers. Stop trademark infringement with this document. Download this letter for free.


TRADEMARK CEASE AND DESIST LETTER

 [COMPANY NAME]

[Date]

[Infringer’s Name]

[Infringer’s Address]

Re: Infringement of the [registered trademark/domain] mark

Dear [Infringer's Name]:

We have recently discovered that your business is using the mark [mark/domain] for your service or product. We believe your use infringes on our ownership of the [registered trademark/domain] mark. We learned of your use of the same or similar [mark/domain] mark on [date]. We discovered your use of the mark [explain discovery of infringement].

We believe we have the exclusive right to use this trademark for the following reasons:

1. We have registered the [registered trademark/domain] with the United States Patent and Trademark Office, Register No. [registration number] on [date]. [Optional: It is not necessary to have registered your trademark to receive trademark protection].

2. We began using the mark [registered trademark/domain] on [date]. We have established priority in the mark because our use of the mark precedes your use.

3. Since [date] we have used the trademark on [list services and products].

Because you are using the same or similar mark on the same or similar products, we believe your use of the mark has caused confusion among our consumers and is likely to continue to cause customer confusion in the future.

[Optional: Add a statement here such as “documentation of consumer confusion is included with this letter]

While the purpose of this letter is to open a dialogue between us, please be advised that we are prepared to take all actions necessary to protect our mark. You have infringed on our mark. You must cease and desist any use of the mark. Furthermore, you should sign the statement below certifying that you will cease using the mark. We recommend that you consult with an attorney before taking any action.

If you have any questions about this letter, please feel free to contact me.

Regards,

___________________________

Signature of [trademark owner]

Cease and Desist Agreement

I, [Infringer's Name], personally, and on behalf of [infringing company, if any,] agree to immediately cease and desist from any and all further use of [registered trademark/domain]. If I or my company breach this agreement, [trademark owner] shall be entitled to all costs, including attorney’s fees, related to any and all claims or actions brought to enforce this agreement and [trademark owner] shall be free to pursue all rights it had as of the date of this letter. I certify that I have the authority to enter into this agreement on behalf of myself and [infringing company, if any].

_______________________________

Signature of [Infringer's Name]

_______________________________

Date

 


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This form has been prepared for general informational purposes only. It does not constitute legal advice, advertising, a solicitation, or tax advice. Transmission of this form and the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. You should not rely upon this document or information for any purpose without seeking legal advice from an appropriately licensed attorney, including without limitation to review and provide advice on the terms of this form, the appropriate approvals required in connection with the transactions contemplated by this form, and any securities law and other legal issues contemplated by this form or the transactions contemplated by this form.

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