How can I send a cease and desist letter?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

A cease and desist letter is a formal written notice sent to a party whose commercial use of a mark infringes your registered trademark. It identifies your registration, describes the infringing use, asserts your rights, and demands the infringing party stop the unauthorized use by a specified date.

Before sending the letter, confirm the infringement is genuine: the infringing use is occurring in a jurisdiction where your trademark is registered, in connection with goods or services similar to yours. An incorrectly targeted cease and desist can create legal exposure of its own.

A trademark attorney should draft or review the letter to ensure it is legally sound, makes the right claims, and does not overstate the rights being asserted. A professionally drafted letter is also more likely to be taken seriously by the recipient.

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