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What's a trademark cease and desist letter?

Your trademark is your marketplace signature, a promise to your customers about the quality they can expect from your company. So when business rivals infringe on your brand, you have to take the necessary measures. Defense begins with a trademark cease and desist letter.
 

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Here's the info you'll need to have handy to complete your doc:

  • Who it's going to
    Make sure to have the name of the company or individual who's infringing on your trademark.

  • Pertinent details
    Have your USPTO trademark registration number ready (if you have one), as well as the number of days you want to give the receiver to respond.

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Sample trademark cease and desist letter

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, ,

Attention:

Re: Trademark Infringement

Dear Sir or Madam:

(the "Company") owns and operates . The Company also owns trademarks associated with its business, a sample of which is attached to this letter for your referenceregistered with the United States Patent and Trademark Office with the registration number "U.S. Reg. No.," attached to this letter for your reference (the "Trademark").

It has come to our attention that your business, , has been using our Trademark or a very similar mark (the "Infringing Trademark") in association with the marketing, sale, distribution, or identification of its products or services, and is thus trading on the name, goodwill, and reputation earned by the Company. It is possible that you were unaware of this conflict and we believe it is in our mutual interest to bring it to your attention and resolve it.

Our Trademark provides us with certain proprietary rights, including the right to monitor and restrict the unauthorized use of our Trademark, or confusingly similar trademarks, in association with non-Company products or services. We must exercise this right to protect the value of both our Trademark and of our business. Our Trademark signifies the high quality of products and services offered by the Company and indicates to our customers and to the consuming public that all of our goods and services come from a single source. As such, it contributes substantially to the goodwill and value of the Company. Federal law supports our position that confusingly similar trademarks may cause undesirable confusion in the public. This confusion may in this instance cause material and irreparable harm to our Trademark by eroding the distinct association among our Trademark, our products and services, and the Company. Your actions constitute trademark infringement and unfair competition under both state and federal law, including the Lanham Act (15 U.S.C. §§1051-1127). Remedies for such infringement can include payment of actual and treble damages, recovery of profits, reimbursement of attorney's fees, and may also include injunctions against your further use of the Infringing Trademark and the seizure of infringing materials.

We respectfully request that you immediately discontinue any use of the Infringing Trademark in association with the marketing, sale, distribution, or identification of your products or services. Please respond to us in writing within calendar days indicating that you will cease and desist from any further use of our Trademark, the Infringing Trademark, or any confusingly similar trademark. We hope this issue can be resolved civilly and that we can avoid pursuing any further legal remedies. This letter is not intended to be a full statement of the facts in this matter, nor is it a waiver of our rights and remedies, whether at law or equity, all of which are expressly reserved.

Sincerely,

________________________________________
, ,