A cease and desist trademark infringement letter is a written document that demands a person or a business stop using trademarked material without permission of the person or business owning the trademark. A trademark designates a special sort of registration for intellectual property. The letter should include information about the unauthorized use of the trademark (such as when and how it occurred) as well as what may happen if the recipient chooses to continue to use the trademark without permission.
A cease and desist order is used to stop a certain infringing activity, in this case, trademark infringement. Trademark infringement is when a party is using a registered trademark or a similar mark for another company as their own. This form will serve to formally request that this company or business will cease using the registered trademark.
This order will need to have a substantial amount of information regarding the current trademark infringement. Additional records or documents that demonstrate proof of these activities can be included with the cease and desist request.
Because a cease and desist order can lead to legal action or disputes, it is important to have one filled out professionally and accurately. A law firm can assist you in completing a trademark infringement cease and desist letter for your company or business.
A cease and desist trademark infringement letter will typically include:
A trademark cease and desist letter should be sent via certified mail, return receipt requested.
Before sending a cease and desist letter, you should consider the consequences. A cease and desist letter is often the precursor to litigation. Before sending the letter you should:
If you have received a trademark cease and desist letter, you should consider:
If you have any questions as to whether your trademark infringes upon the trademark of another, you should seek legal advice from an experienced intellectual property lawyer.
