Cease and Desist Letter Trademark Infringement

What is a cease and desist letter Trademark Infringement?

A cease and desist letter trademark infringement is a formal legal notice used to inform a third party about the violation of trademark rights. This document is also known as the intellectual property cease and desist letter template.

This letter is sent by the owner of a trademark to the other party who seems to infringe a sender’s trademark rights. The infringement of trademark rights may take different forms:

• using a similar trademark for different services or goods;
• using a similar or identical trademark for the same goods or services;
• cybersquatting;
• selling counterfeit products or services with original trademarks, and so on.

The present cease and desist letter trademark infringement template can be customized for any type of intellectual property rights infringement. The purpose of this letter is to immediately stop the violation and prevent continuing the same actions in the future.

The present cease and desist letter template is usually used as the first step in protecting your trademark’s rights. If, however, a recipient does not cease the infringing activity, the sender may think of starting a legal action.

Using a cease and desist letter template serves different purposes:

• helps businesses and individuals protect their brand or business identity;
• limits unauthorized usage of someone’s intellectual property rights; and
• protects customers or end-users.

How to Write a Cease and Desist Letter Trademark Infringement?

Drafting a template for cease and desist letter might be daunting. Therefore, we prepared for you a small list of essential tips to keep in mind when creating your first cease and desist letter template:

Use a formal tone

A template for cease and desist letter for trademark should be drafted in a professional and concise manner, putting aside all emotions.

Identify a sender

One of the most essential elements for an IP cease and desist letter template is to include detailed information about the sender. Give a name, address, and contact details like a phone or email address. If a sender has a registered trademark, all the registration details, like the registration date and serial number, should also be included. If a trademark is not registered, state its geographical usage and main purpose instead.

Describe the infringement

Include all necessary information to explain the nature of infringement. It is a good practice to attach supporting documentation like photos or print screens to prove the facts given in the letter.

A good example of cease and desist letter trademark infringement template should also explain if trademarks are similar or identical and how.

Demand to end the infringement

Clearly instruct the recipient to immediately cease and desist all infringements. It is essential to also add that if the infringing activity does not cease, the matter can be brought to the court.

Sign letter

In order for a cease and desist letter template to become a legally binding document, it should be signed by a sender. It does not matter if it is an e-signature or the normal one. If a sender is a company, in that case a letter should be signed by a company’s director or another authorized person.