This Cease and Desist Letter provides a starting point for dealing with trademark issues. Every trademark dispute is unique and this trademark infringement cease and desist letter template should not be used without first consulting with an experienced intellectual property attorney.
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When to Send a Trademark Cease and Desist Letter
A trademark cease and desist letter is an important tool for protecting your brand. You should consider sending one when you become aware of unauthorized use of your trademark. Common situations include:
- Unauthorized use of your logo or brand name — Another business is using your trademark or a confusingly similar mark in their marketing, signage, or products.
- Counterfeit products — Someone is manufacturing or selling goods bearing your trademark without authorization.
- Domain name infringement — A third party has registered a domain name that is identical or confusingly similar to your trademark, particularly if they are using it to divert your customers or sell competing products.
- Social media impersonation — Someone has created social media accounts using your brand name, logo, or other identifying marks.
- Keyword advertising — A competitor is bidding on your trademarked terms in search engine advertising to redirect your potential customers.
Acting promptly is important in trademark cases. Delay in enforcing your trademark rights can weaken your legal position and, in some cases, may be used as a defense by the infringer. For more on the risks of cease and desist letters, see our detailed guide.
Key Elements of a Trademark Cease and Desist Letter
An effective trademark cease and desist letter should include the following:
- Identification of your trademark — Clearly describe your mark, when you first used it, and any federal or state registrations.
- Description of the infringing conduct — Specify exactly how the recipient is using your mark and why it constitutes infringement.
- Evidence of confusion or harm — If available, include specific incidents of consumer confusion, misdirected communications, or lost business.
- Legal basis for your claims — Reference applicable trademark law, including the Lanham Act (15 U.S.C. § 1051 et seq.) for federal claims or state common law trademark rights.
- Specific demands — State exactly what you want the recipient to do (stop using the mark, transfer a domain, destroy counterfeit goods) and provide a deadline for compliance.
- Consequences of non-compliance — Describe the legal remedies you will pursue if the recipient does not comply, including injunctive relief, monetary damages, and attorney’s fees.
Cease and Desist Trademark Infringement Template Form
VIA CERTIFIED MAIL
[OFFENDING COMPANY]
[STREET ADDRESS]
[CITY][STATE][ZIP]
[TRADEMARK OWNER] is a family-owned business offering [PRODUCT AND/OR SERVICE] to consumers in the Twin Cities, [LOCATION] area, and throughout Minnesota. [TRADEMARK OWNER] was registered as a Minnesota corporation in [MONTH] [YEAR] and has continually used “[TRADEMARK]” and “[TRADEMARK]” (the “Marks”) throughout Minnesota as its brand name since that time.
Since its incorporation, [TRADEMARK OWNER] has continually used the Marks in advertising campaigns and in the community, including through its website at [TRADEMARK OWNER’S WEBSITE] which [TRADEMARK OWNER] registered on [DATE]. In addition, [TRADEMARK OWNER] has been actively involved in the community in its efforts to further promote its brand including its sponsorship of various events. As a result of these efforts, [TRADEMARK OWNER]’s customers, and the general public, have come to recognize [TRADEMARK OWNER] as an established and successful [PRODUCT AND/OR SERVICE] business.
Recently, [TRADEMARK OWNER] became aware of your use of the [WWW.TRADEMARK.COM] and [WWW.TRADEMARK.COM] domain names, which redirect visitors to your website. Your domain name registration date for [WWW.TRADEMARK.COM] domain was [DATE]. Your domain name registration date for [WWW.TRADEMARK.COM] was [DATE]. Under Minnesota law, common law trademark infringement occurs when a party utilizes a trade or service mark that creates a likelihood of consumer confusion. (footnote 1) As you are undoubtedly aware, your domain names are exactly the same as [TRADEMARK OWNER]’s Marks.
Because of your use of these two domain names, [TRADEMARK OWNER] has already witnessed actual confusion in the market. The following incidents occurred during [DATE].
- [CONFUSION INCIDENT]
- [CONFUSION INCIDENT]
- [CONFUSION INCIDENT]
- [CONFUSION INCIDENT]
- [CONFUSION INCIDENT]
- [CONFUSION INCIDENT]
In just [X] months, [TRADEMARK OWNER] has received a number of reports of actual consumer confusion. This presumably represents a small portion of consumers who are confused but never take the time to find another way to contact [TRADEMARK OWNER] and report the confusion caused by your use of these domain names.
[TRADEMARK OWNER] has several options under Minnesota law to enforce its legal rights in the Marks. If [TRADEMARK OWNER] were to file a lawsuit against you, it would be entitled to seek: (1) preliminary and permanent injunctions; (2) actual monetary damages; (3) disgorging of any profits you have realized through your use of the Marks; (4) reimbursement of attorney’s fees required to prosecute a lawsuit against you; and (5) monetary damages for damage to [TRADEMARK OWNER]’s goodwill in the market.
Please be advised that [TRADEMARK OWNER] will undertake all appropriate steps to protect its Marks and its associated goodwill. You can avoid legal action by immediately ceasing and desisting from any and all infringing activity including use of the [WWW.TRADEMARK.COM] and [WWW.TRADEMARK.COM]. You must cease and desist all promotion and/or marketing of [PRODUCT AND/OR SERVICE] on these domain names. You are hereby put on notice that [TRADEMARK OWNER] and I will be monitoring your use of these domain names for this purpose. Additionally, you must execute a copy of this letter and send it to this firm within seven (7) days of the receipt of this letter. I recommend you consult with an attorney before taking any action.
If you or your attorney have any questions, please feel free to contact me.
Sincerely,
[ATTORNEY]
[LAW FIRM]
CC: Client
Footnote 1: Minneaple Co. v. Nomandin, 338 N.W.2d 18 (Minn. 1983).
[ATTACHED PAGE]
I, [JOHN DOE] personally and on behalf of [OFFENDING COMPANY], agree to immediately cease and desist from any and all further use of [WWW.TRADEMARK.COM] and [WWW.TRADEMARK.COM]. In the event this agreement is breached by me or [OFFENDING COMPANY], [TRADEMARK OWNER] shall be entitled to costs, attorney’s fees, and collection costs related to any claims and/or action brought to enforce this agreement and shall be free to pursue all rights it had as of the date of this letter as if this letter had never been signed. I certify that I have the authority to enter into this agreement on behalf of [OFFENDING COMPANY].
By: Dated:
Both individually and on behalf of [OFFENDING COMPANY].
What Happens After Sending a Trademark Cease and Desist
After you send a trademark cease and desist letter, several outcomes are possible:
- Compliance — The recipient stops using your trademark, removes infringing content, or transfers the disputed domain name. This is the best-case scenario.
- Negotiation — The recipient responds with a counter-proposal, such as a licensing agreement, a phase-out period, or a consent agreement allowing limited use in a different geographic area or industry.
- No response — If the recipient ignores your letter, you may need to escalate to litigation. The cease and desist letter serves as evidence that you attempted to resolve the dispute amicably.
- TTAB proceedings — If the trademark dispute involves a registered mark, you may file an opposition or cancellation proceeding with the Trademark Trial and Appeal Board (TTAB) at the USPTO.
- Federal lawsuit — Under the Lanham Act, you can seek injunctive relief, monetary damages, disgorgement of profits, and attorney’s fees. Continued infringement after receiving a cease and desist letter may increase your damages award.
For more on trademark monitoring and brand protection, see Trademark Monitoring Strategies for Online Brand Protection.
Free Download: Cease and Desist Letter for Trademark Infringement
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Frequently Asked Questions
Is a cease and desist letter for trademark infringement legally binding?
No. A cease and desist letter is a demand, not a court order. It does not have independent legal force. However, it puts the recipient on notice of your trademark rights, which can be important in establishing willful infringement if you later file a lawsuit.
Can I send a trademark cease and desist without a lawyer?
You can, but trademark law is technical and a poorly drafted letter can weaken your position. An intellectual property attorney can evaluate the strength of your trademark rights, ensure your letter accurately states the legal basis for your claims, and advise on the best enforcement strategy.
How long does the recipient have to respond?
There is no legally required response time. Most cease and desist letters specify a deadline — typically 7 to 14 days. If the recipient does not respond within your stated deadline, you can proceed with the legal remedies described in your letter.
What if they ignore my cease and desist?
If the infringer ignores your letter, you can file a lawsuit for trademark infringement. Your cease and desist letter becomes evidence that the infringer was put on notice and continued the infringing conduct willfully, which can increase your damages. You may also pursue TTAB proceedings or UDRP arbitration for domain name disputes.