Cease & Desist - Trademark Template

A cease and desist letter is a document sent to an individual or business to notify them of an illegal usage of a legally filed trademark. The letter is intended to be a warning and should include instructions to resolve the issue so no additional actions need to be taken.

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CEASE & DESIST

 

[Enter date]

Dear [Enter name],

I am [Your position at Company] for [Enter Company name]. It has come to our attention that your business is using the mark “[Enter Trademark]”. Please be advised that [Enter Company name] holds all rights to the “[Enter Trademark]” mark, both internationally and within the United States (U.S. Reg. No. [Enter Reg. No.]).

Our federal registration of this trademark provides us with certain proprietary rights. This includes the right to restrict the use of the trademark, or a confusingly similar trademark, in association with confusingly similar products or services. The “[Enter Trademark]” mark serves as an important and distinctive representation of our products as well as the goodwill of our company. The U.S. Trademark Act provides numerous remedies for a trademark holder to protect their mark, including preliminary injunctive relief, money damages, attorneys’ fees and possible punitive damages.

Your unauthorized use of our federally registered trademark amounts to an infringement of our trademark rights and we demand that you immediately cease and desist in any further use of “[Enter Trademark]” in association with the marketing, sale, distribution, or identification of your products and services.

Consider this letter your first and only warning: cease any and all use of our name and logo, both online and locally, and desist from any future use. We expect written confirmation that you will stop using the “[Enter Trademark]” mark by [Enter date]. Once we receive your confirmation, that will be the end of the matter.

We take this improper use very seriously. If you do not respond or otherwise take immediate action to comply, we will assume you have no intent to do so, and will continue violating our rights. We would therefore have no choice but to pursue legal action based on damages for trademark infringement as well as attorney’s fees and punitive damages because of your willful and repeated violations. We hope you cooperate with our demands and that we will not have to take this matter any further.

Send your confirmation that you will comply with our demands to the email or address below:

[Enter address]

[Enter e-mail address]

Sincerely,

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Please read the following carefully. These terms about the templates (“Template Documents”) library (“Template Documents Disclaimer”) govern your use of the Template Documents and supplement the Concord Free Account Terms or the Concord Commercial Terms, whichever may be applicable to you and which is hereby incorporated by reference. All Template Documents are provided on a nonexclusive license basis only for your personal or internal business use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer such license.  Template Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy and/or appropriateness.  THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  The Template Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions as the Template Documents are only samples and may not be applicable to a particular situation.

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Template Documents Disclaimer:

Please read the following carefully. These terms about the templates (“Template Documents”) library (“Template Documents Disclaimer”) govern your use of the Template Documents and supplement the Concord Free Account Terms or the Concord Commercial Terms, whichever may be applicable to you and which is hereby incorporated by reference. All Template Documents are provided on a nonexclusive license basis only for your personal or internal business use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer such license.  Template Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy and/or appropriateness.  THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  The Template Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions as the Template Documents are only samples and may not be applicable to a particular situation.