Cease and Desist Letter for Trademark Infringement

When another business uses your name, logo, or something confusingly close to it, every day of delay costs you customers and dilutes your brand. A trademark cease and desist letter is the accepted first step, and courts expect to see that you sent one before you escalate.

The letter should establish your prior use of the mark, describe their use, explain the likelihood of confusion in plain terms, and demand they stop. Keep the tone firm and commercial, not theatrical.

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Sample letter

This is the exact structure your finished letter will follow, with placeholders where your facts go.

[Your Full Name] [Your Street Address] [City, State ZIP] [Date] [Recipient's Full Name] [Recipient's Street Address] [City, State ZIP] RE: Demand to Cease and Desist Trademark Infringement Dear [Recipient's Full Name]: This letter is a formal demand that you immediately cease and desist from the following conduct: using the mark "[their mark]" in connection with [their goods or services], which is confusingly similar to my mark "[your mark]", in continuous use for [my goods or services] since [year] For the record, the conduct includes the following: Your use appears on [website, storefront, or marketplace listing] as of [date]. I have already received [number] customer inquiries that confused your business with mine. Accordingly, I demand that you immediately stop all use of my mark or any confusingly similar mark in connection with your goods or services, and confirm in writing that you have done so. You must comply within 14 days of receiving this letter. If you do not comply, I am prepared to pursue every remedy available to me, which may include filing a civil action seeking damages and injunctive relief and reporting your conduct to the appropriate authorities. I would prefer to resolve this without involving the courts, and your prompt compliance will make that possible. This letter is not a complete statement of the facts or of my rights, all of which are expressly reserved. Please treat this matter with the seriousness it deserves. Sincerely, [Your Full Name]

What to include

Your mark, what you use it for, and since when
Their mark or usage and where it appears
Why customers are likely to confuse the two
A demand to stop all use and confirm in writing
A deadline and reservation of rights

Common questions

Does my trademark need to be registered?

Registration strengthens your position, but rights can also arise from actually using a mark in commerce. If you used the name first in your market, you have a basis to demand they stop. An attorney can advise on the strength of unregistered rights in your situation.

What if they registered a similar name after I was already using mine?

Prior use matters. Say so in the letter, with dates. If real money is at stake, this is a situation worth an attorney consultation after the letter.

Should I threaten specific damages?

No. Demand that the use stop and reserve your rights. Specific monetary threats you cannot back up weaken the letter.

New to this? What a cease and desist letter is, whether it is legally binding, and how to send it properly.