Defend Your Trademark with a Certification of Cease and Desist

Trademark infringement can sap your business of sales while doing damage to hard-earned brand reputation. Learn how a certification of cease and desist can help you enforce your rights and stop infringement.

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defend your trademark with a certification of cease and desist

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Updated on: December 14, 2023
Read time: 3 min

As a small business owner, news of a competitor selling its products under your trademark can be maddening—and may even put your company in jeopardy. Unfortunately, such news is depressingly common. For this kind of situation, you may consider using a certification of cease and desist.

Fountain pen on orange folder containing paper with title "cease and desist" printed on it

Overview of a certification of cease and desist

A certification of cease and desist is typically used in conjunction with a cease and desist letter, which is used to demand that the recipient stop engaging in a particular activity, such as infringing on your business's trademark. Sending a cease and desist letter is almost always the first step in enforcing your trademark against an infringer.

A certification of cease and desist is a form to be filled out by the infringer, detailing both the infringement and steps taken to cure the infringement. The document makes for a clean way of advancing your legal position by crafting a promise in which the infringing party admits to the infringement and agrees on specific steps to take within a certain timeframe. Should the infringing party sign and return the certification and fail to abide by its language, you will have clear evidence of willful infringement, in addition to possible claims for breach of contract.

A certification of cease and desist does not always have to be included with a cease and desist letter. In complex or murky situations where the trademark violation is not clear, the party to which you send the certification will most likely ignore the request to sign. However, sending one in clear cases of infringement can rarely hurt.

What to include in a certification of cease and desist

To make your case as strong as possible, make sure your certification includes the following:

  • The full and exact legal name of the infringing party. This information can often be found with the Secretary of State of the infringing party's state of incorporation. The certificate should be signed by an officer of the infringing party who has oversight of the infringement, such as the director of the department that committed the infringement. Sending it to the wrong employee of the infringing party can delay the response. What's more, an employee who signs without proper authority may not bind the company to the certification.
  • Admission of infringement. Include specific details about all infringements of the trademark in violation of your rights. Lay out your rights to the mark for the infringing party to acknowledge and list all infringed-upon trademark registration numbers as well as all known instances of infringement for the infringing party to acknowledge.
  • Promise to cease future infringement. The infringing party should be made to promise that all infringing use of the trademark immediately cease. This promise should including stopping usage to identify the infringing party's products as well as use in all marketing. The infringing party should also promise to destroy all copies of the trademark infringement in all formats, whether physical or digital, in their possession. No usage means no usage, and you would be within your rights to insist that the infringement be rooted out of the infringing party immediately.

The exact wording of the certification can be hammered out during subsequent negotiations. Regardless of whether you use a templated form or craft your own, a certification of cease and desist can serve as a useful tool in the eternal vigilance required in properly policing your intellectual property rights.

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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.

82 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
85 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
101 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
100 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
107 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
125 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
152 days ago
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Estee was super helpful!

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

Greg
152 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
156 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
162 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.
181 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
188 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
223 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
219 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
228 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
230 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
247 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
254 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 on23,919+ reviewson

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