Fillable Form Trademark Infringement Cease and Desist Letter

What is a Trademark and Infringement Cease and Desist Letter?

Trademark Infringement Cease and Desist Letter, is a letter demanding the recipient or the infringing party to stop the use of the owner’s trademark. The three-fold purpose of a Cease and Desist Letter for Trademark Infringement are the following:

• Notify the alleged infringing party that the trademark owner believes that there is trademark infringement;
• Instruct the infringing party to adhere to the demands of the trademark owner; and
• Have an early resolution on the matter so that the trademark owner does not have to file a case before the courts or resort to other resources associated with litigation.

Trademark Infringement Cease and Desist Letters usually begin with an outline of the trademark owner’s rights, a description of the trademark, goods and services used, the date the trademark was first used, and the extent of the owner’s proprietary rights.

However, not all letters have the same format. Some are more aggressive and urgent, or some letters threaten the recipient to enter litigation if they don’t comply with the owner’s request. But there are also cease and desist letters from trademark owners that are more open to negotiation and conciliatory.

Cease and Desist Trademark Infringement Letters are not legally enforceable, as they only provide a warning to the infringing party that they will take necessary legal steps if they don’t stop using your Trademark.

On the part of the infringing party, receiving a Cease and Desist Letter Trademark Infringement does not necessarily mean they are being officially sued. If an infringing party is being sued, they will receive a complaint with the plaintiff’s claim against them and a document called a summons.

Register your trademark with the US Patent and Trademark Office so that your letter will work as a threat. Otherwise, your letter will be of little to no effect because you don’t have any legal or proprietary rights to the trademark and the infringing party will only ignore it. If you want to make sure your trademark idea has not yet been taken by others, you can check the Trademark Electronic Search System.

Using a Trademark Infringement Cease and Desist Letter brings a lot of advantages, such as:

• Puts a stop to the trademark infringement right away;
• Acts as evidence if this case has been taken to the courts; and
• The infringing party becomes aware that there has been an already existing trademark and there has been infringement.

You may download a PDF copy of the Cease and Desist Letter Trademark Infringement Template from websites that offer document templates. You may also electronically fill it out on PDFRun for your convenience.

How to fill out a Trademark Infringement Cease and Desist Letter?

Enter the necessary information in a Trademark Infringement Cease and Desist Letter Template. Make sure that everything you enter is true, accurate, and correct.

Name

Enter the full legal name of the infringing party.

Address

Enter the complete address of the infringing party.

City, State, ZIP

Enter the infringing party’s city, state, and ZIP code.

Date

Enter the date you are writing a Cease and Desist Letter Trademark Infringement.

Name

Enter the name of the infringing party in this greeting portion.

In the first paragraph of this letter, you are informing the infringing party that they are making unauthorized use of the trademark for the marketing or sale of their products or services. You believe that they are aware of this conflict, and you want this matter to bring the matter to their attention.

Trademark

Enter the name of the Trademark used by the infringing party.

The second paragraph of a Cease and Desist Trademark Infringement Letter explains the importance of registering your trademark. Registration of a trademark provides the trademark owner with certain proprietary rights such as the right to restrict the use of the trademark or a confusingly similar trademark, along with confusingly similar products or services. You are also pointing out to the infringing party that their unauthorized use of the trademark is a registered trademark owned by you.

Registration Number

Enter the registration number of the trademark.

The third paragraph of the letter states that you, as the trademark owner, own all rights and interests in the Trademark and you have did not ask for any license or permission to use the Trademark. You are also telling the infringing party that they have willfully infringed your rights and could be liable for statutory damages.

You are demanding the infringing party to voluntarily cease and desist from the use of the Trademark and any combination of the same in any of their products or services. However, if they fail to cease and desist from the use of the Trademark, you will take appropriate steps to enforce your right against them.

Number of Days

Enter the number of business days you are requiring the infringing party to cease and desist from the use of the Trademark. Make sure to provide a reasonable time for the infringing party to cease using the Trademark.

Finally, the last paragraph requests the infringing party to return all materials bearing the Trademark in issue and anything substantially or confusingly similar to it, and provide an accounting of gross sales.

Signature

Affix your signature.

Name

Enter your full name.

How to file a Trademark and Infringement Cease and Desist Letter?

Send your Cease and Desist Trademark Infringement Letter to the infringing party as soon as you discovered or have become aware of the infringing activity. You must note that you should not delay in sending this letter for an unreasonable amount of time. Sending the letter and acting upon this infringing activity shows that you, as the trademark owner, are taking steps to enforce your rights.

You must also keep in mind that the infringing party may file a declaratory judgment, ask the court to exercise jurisdiction over the case, and enter a judgment that they are not infringing the Trademark. In case this situation happens, you may have to file a complaint first before sending the demand letter to have a favorable forum.