Smart Strategies For High-Stakes Situations

How to write a cease and desist letter

On Behalf of | Apr 18, 2023 | intellectual property law

Your trademark is an essential feature of your company. By registering a trademark, you can protect your business’ image and reputation from infringement.

Once you register your trademark, it is up to you to assert your rights. If someone infringes upon your trademark, your first step should generally be a cease and desist letter.

Provide evidence

You should include evidence that the trademark belongs to you. A copy of your trademark registration will suffice. If you have not registered your trademark, you may still be able to prove ownership of the trademark by demonstrating a history of use.

You should also include evidence of the infringement, such as screenshots or photos of the offending products.

State your expectations

Be clear about what action you expect the infringer to take. Ask for written confirmation of compliance within a certain time frame. Be sure to allow the recipient a reasonable amount of time to respond to the letter.

Prepare to follow through

Outline what further action you will take if the recipient does not respond. Make sure you are willing and able to follow through on any stated consequences. For example, do not threaten to sue unless you are actually willing to take the matter to court. Empty threats can damage your reputation.

Request proof of delivery

Send your letter via certified mail to ensure you receive proof of delivery. If you need to escalate the matter, it will help to have evidence that the infringing party received your notice and ignored it.

Cease and desist notices do not always put an end to trademark infringement, but composing an effective letter can improve your chances of resolving the issue quickly.