What Is A Trademark Cease & Desist Letter?
A trademark cease and desist letter is a legal demand letter sent to an person or business that is using a trademark or trade name in a manner that is likely to cause confusion or trademark dilution with the rights of the trademark owner. The letter typically requests that the recipient stop using the infringing mark and/or take specific steps to remedy the situation, such as changing the infringing mark or discontinuing the infringing activity.
The purpose of a cease and desist letter is to give the recipient notice of the trademark owner’s rights and to request that they stop the infringing activity. This is usually a preliminary step taken before the trademark owner takes legal action, such as filing a lawsuit. A cease and desist letter can be an effective way to resolve trademark disputes without the need for expensive and time-consuming litigation.
The letter should set forth the specific allegations of trademark infringement, including the date of first use of the infringing mark, a description of the infringing goods or services, and the reasons why the recipient’s use of the mark is likely to cause confusion or dilution with the trademark owner’s rights. The letter should also include a deadline for the recipient to stop the infringing activity and a warning that the trademark owner will take further legal action if the recipient does not comply.
It is important to note that cease and desist letters should be written by an attorney who is experienced in trademark law. Our trademark attorneys help trademark owners draft letters that are legally sound and effective in achieving the desired result preventing further infringement and possible dilution in the marketplace. Additionally, on the other side of the coin, a recipient of a cease and desist letter should consult with an attorney before responding to the letter or taking any other action in response to the allegations of infringement. If you are contemplating sending a cease & desist letter to a possible infringer, or you have received a cease & desist letter demanding that you stop using your trademark in the marketplace, contact our trademark attorneys. We can assist!