Defend Your Trademark with a Cease and Desist Letter

Your efforts to build a brand can be thwarted by trademark infringers who can besmirch your reputation by offering inferior goods and services under your trademark. Learn how cease and desist letters can help stop trademark infringement.

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defend your trademark with a cease and desist letter

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Updated on: December 14, 2023
Read time: 4 min

As a business owner, you have worked hard to establish a brand to sell. You also may have filed for trademark protection so that nobody else can use your trademark for the type of product or service you sell. Then, one day, you get some jarring news—someone is selling similar products or services under your brand name. Not only does this rob you of sales that are rightfully yours, but also it could potentially tarnish your brand by tying your reputation to an inferior product.

man looking at forms

Ignoring a small violation might be tempting, but to do nothing would not only allow the infringer to keep profiting off you with ill-gotten gains, but also may, under trademark law, invalidate your trademark entirely due to the law's requirements to actively use, monitor, and defend the trademark.

As a business owner, what should you do? Your first step, before calling in the litigators, is the useful tool of a cease and desist letter.

What is a cease and desist lettter?

A cease and desist letter is a letter demanding that the recipient stop engaging in a particular activity. In this context, the cease and desist letter would demand that the recipient cease infringing on your business's trademark. As the trademark owner, you should send a cease and desist letter as soon as you learn of infringement if you are confident that your rights take priority over those of the infringer.

What is in a cease and desist letter?

Cease and desist letters can take many forms (here is one example), but there are six essential components.

1. Proper address of infringing party

Use a physical address and snail mail that will provide proof of receipt, such as registered or certified mail. If you later have proof that the recipient ignored a cease and desist letter, it could strengthen your case that the infringement was willful, which could entitle you to monetary damages in litigation.

2. Proof of your trademark rights

Ideally, this proof would be in the form of a trademark registration, although trademark rights often can be established through evidence of prior use. If you do not have a trademark registration, you should provide your date of first use, a list of products and services sold under the trademark, and the geographic areas in which the products and services are sold.

3. Details of the infringement

You will want to provide samples of how the infringing party violated your trademark rights. As an example, a screenshot showing that the infringing party offered goods for sale under your trademark over the internet would satisfy this requirement.

4. Reasonable time frame for infringing party to respond

It may be that the recipient of your cease and desist broadside is an unknowing infringer. Allow the other side some time to gather facts on their end. It may be that the other side is not aware of your mark (particularly if it has not been registered), or disagrees in good faith that your rights to the mark conflict with their usage.

5. Demand for written assurance of compliance

Your cease and desist letter should demand specific action and a time frame during which all infringement of your mark by the recipient party should cease. Cease and desist letters work well in conjunction with certifications of cease and desist, in which you provide the infringer a form to sign, detailing both the infringement and the steps taken to cure the infringement.

6. Consequences of failing to stop infringement

In any kind of trademark standoff, you will want to provide consequences to the other party for failing to respond. The consequences section of your cease and desist letter involves careful balancing: You want to dissuade future infringement by including real consequences for future infringement, but threatening action without later taking any can undermine your credibility.

If you are not willing to sue, make the consequences vague by stating that you will consider all available options, including assertion of all rights to the full extent of law and equity. Translated, this includes a civil suit for monetary damages and a possible injunction to prevent the infringing party from any further use of your trademark.

Trademark infringement, unfortunately, is very common, and you will need to be vigilant to protect your rights. The trademark cease and desist letter is an important tool for protecting your brand and, ultimately, your business.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

84 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
87 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
103 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
102 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
109 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
127 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
154 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
154 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
158 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
164 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
183 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
190 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
225 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
221 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
230 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
232 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
249 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
256 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
Rated4.6out of 5 based on23,978+ reviewson

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