Trademark Cease and Desist Letter Example

CEASE AND DESIST: INTELLECTUAL PROPERTY INFRINGEMENT

Document Control

• Effective Date: [Date]
• Version: 1.0
• Jurisdiction/Scope: [State/Country] Intellectual Property Laws; Federal Trademark Act (Lanham Act).

LEGAL NOTICE AND COMPLIANCE DISCLAIMER

This document constitutes a formal legal notice. It is intended for informational and enforcement purposes only and does not establish an attorney-client relationship. If you are uncertain regarding your legal rights or the validity of an infringement claim, consult with qualified intellectual property counsel before execution.

I. PARTIES AND DEFINITIONS

1. Claimant: [Company/Entity Name], a [Entity Type, e.g., LLC] organized under the laws of [Jurisdiction], with its principal place of business at [Address].
2. Respondent: [Full Legal Name of Infringer], residing or operating at [Address].
3. Intellectual Property (the "Mark"): The trademark/service mark registered or common law protected as [Insert Mark Name/Registration Number], used in connection with [Describe Goods/Services].

II. OPERATIVE CLAUSES

1. Notice of Infringement: Claimant is the exclusive owner of the Mark. It has come to Claimant’s attention that Respondent is utilizing a mark, specifically [Describe Infringing Mark/Usage], which is confusingly similar to the Mark.
2. Unauthorized Use: Such unauthorized use constitutes trademark infringement, unfair competition, and dilution under [Applicable Statutes]. This usage is likely to cause consumer confusion, mistake, or deception as to the source or affiliation of the goods/services.
3. Demand to Cease: Respondent is hereby demanded to:
   • (a) Immediately cease and desist all use of the infringing mark and any variations thereof.
   • (b) Remove all instances of the infringing mark from physical storefronts, websites, social media handles, and marketing collateral.
   • (c) Provide written confirmation that all unauthorized use has ceased by [Deadline Date, e.g., 10 business days from notice].
4. Preservation of Evidence: Respondent is directed to preserve all records relating to the creation, promotion, and revenue derived from the use of the infringing mark, as these may be subject to discovery in future litigation.
5. Reservation of Rights: Claimant reserves all rights to seek damages, including but not limited to disgorgement of profits, statutory damages, costs, and attorneys’ fees. This letter is written without prejudice to Claimant’s rights, all of which are expressly reserved.

III. EXECUTION AND ACKNOWLEDGMENT

Claimant: Signature: __________________________ Printed Name: [Name of Authorized Signatory] Title: [Title] Date: [Date]

Respondent Acknowledgment (Optional): Signature: __________________________ Printed Name: [Name] Date: [Date]

IV. STEP-BY-STEP EXECUTION GUIDE

• Verification: Conduct a preliminary search to confirm the Respondent's current physical address. If the Respondent is a corporate entity, address the letter to the "Registered Agent" on file with the Secretary of State.
• Delivery Protocol: Send this document via Certified Mail, Return Receipt Requested. Retain the receipt and tracking number; these are critical for proving the Respondent had "actual notice" should the matter escalate to litigation.
• Avoid Negotiation: Do not initiate informal communication or "settlement talk" via phone or email during the initial demand phase. If the Respondent attempts contact, direct them to respond in writing to the contact information provided in the notice.
• Monitor & Document: Once the deadline passes, perform a comprehensive sweep of the Respondent’s digital presence. Keep a timestamped log of any non-compliance to build a robust evidentiary file for a subsequent court filing or DMCA/platform takedown request.