Facts about the Trademark Infringement Cease and Desist Letter template

Contents

What is a Trademark Infringement Cease and Desist Letter?

A trademark infringement cease and desist letter is a document that warns a person or company to stop using your business’s trademarks immediately. This letter informs other businesses that they’re committing copyright infringement, in case the problem is due to a simple mistake. A cease and desist letter also tells people that you’re prepared to go to court if they keep using your trademarks. This form is also known as a trademark violation letter.

Trademarks apply to a company’s brand identity. They include business names, product names, logos, advertising slogans, and other proprietary elements. The TM that often appears after branded items stands for “trademark.” If you decide to register your trademarks with the U.S. Patent and Trademark Office, you can use the (R) symbol at the end. This (R) means "registered trademark."

In a way, trademarks are like promises. Customers naturally trust that your brand’s logo means products adhere to your core values. Whether you firmly believe in environmentally friendly manufacturing, fair trade practices, the best ingredients or excellent quality, these are things your customers come to expect. It’s important to protect your brand with a trademark infringement cease and desist letter.

What is a Trademark Infringement Cease and Desist Letter used for?

A trademark infringement cease and desist letter helps you defend your company’s trademarks. If the infringer has started to use your brand name or logo, whether on a website, vehicle advertising, or a new product label, this is trademark infringement. With a cease and desist letter, you can require the infringing party to stop using these trademarked properties immediately.

Why should you use a Trademark Infringement Cease and Desist Letter?

Your business’s trademarks have immense value. Your brand name, logo and product names all stand for something. When customers see these identifying marks, they automatically think of your company. All of the years of great customer service, quality and dedication are represented in your trademarks. If competitors try to take advantage of your hard work to increase their own profits, you have every right to defend your business using a trademark infringement cease and desist letter.

Not sending a cease and desist may negatively affect your brand's reputation. Imagine the potential consequences if another business defrauds people using your brand name or product name. In addition, someone who abuses your trademark to rake in profits or attract customers is essentially stealing from you. Worst of all, if you allow trademark violations to go on long enough, the competing business may sue you and claim you’re the one committing infringement.

How to write a Trademark Infringement Cease and Desist Letter?

To obtain the best results with a trademark infringement cease and desist letter, you need to adapt the language you use to the severity of the situation. Was it just an innocent mistake a new small business owner made? In that case, the letter can act as a friendly notification. If one of your main competitors is intentionally violating your rights, however, you need to use a stronger tone. Always include the following details:

  • Trademark information:

    Write down the name of the trademark that is being infringed upon or a description of your company's logo/designs.

  • Proof of trademark rights:

    Show proof that the trademark belongs to your business. If it’s a registered trademark, put the official registration number. If it’s not registered, mention the date when you first started using it. If possible, provide photo evidence.

  • Geographic area:

    Include details about the areas where you’ve sold products using your trademark.

  • Description of Infringing Activity:

    Mention how the other party violated your trademark. You may state when the infringement happened and where, such as on a website, product label, TV commercial or sign. If possible, include pictures or screenshots of the violation, and save these as evidence in case you end up going to court.

  • Demand:

    First and foremost, tell the offending business to stop using the infringing trademark immediately. You may also include demands to remove your logo from the company's website, apparel, vehicles, buildings, or other places.

  • Time allowed:

    Include how much time the business has to make the required changes before you go to court. Usually, this is only a few days or weeks.

  • Warning:

    Write down the consequences of ignoring the cease and desist letter, such as taking the offender to court for damages.

How to fill out a Trademark Infringement Cease and Desist Letter with PDFSimpli in five steps

  • 1. Preparation:

    The better you prepare, the more weight your trademark cease and desist letter will have. Take the time to gather clear proof that you’re the trademark owner. Evaluate the situation carefully and decide whether you’re prepared to take legal action or not. This helps you decide what type of warning language to include.

  • 2. Software selection:

    Creating a trademark infringement cease and desist letter using a template makes things much easier. You can even save your completed PDF in case you have to deal with this situation again in the future. It’s best to choose a PDF editor that allows you to attach photos and screenshots directly to the document as proof. PDFSimpli has countless tools for editing PDFs and adding text, images, files, website links, and more.

  • 3. Filling out or editing of the Trademark Infringement Cease and Desist Letter:

    In PDFSimpli, it’s easy to add text to a PDF file. Simply click on the Text Tool and click on the box or blank space you want to add text to. You can type as much or as little as you need. To add a photo or screenshot, click on the Add Image Tool near the top of the screen. After you select the file from your computer, click OK and decide where to place the image.

  • 4. Review process:

    Don’t print out the finished PDF until you’ve checked it carefully. Make sure the mailing address is correct. Look at the dates and proof you’ve attached for accuracy.

  • 5. Save, Download, Print or Send for Signature:

    Click the Download Button at the top corner of the screen. This will open a Save As box. Type a name for your finished document. Afterward, you can download the file to your computer, print it out directly from PDFSimpli, or send it digitally using the Send for Signature option.

Trademark Infringement Cease and Desist Letter frequently asked questions

Trademark infringement is when a business or individual uses your company’s trademarks without permission, such as your business name, product names, or other parts of your brand identity. Copyrights cover intellectual property your business has created, from product artwork to blog articles. No one can copy the content of your website without permission, for example. Patent infringement relates to someone copying an invention your business holds the patent for.

Is it still trademark infringement if a competitor uses product names that you didn’t officially register? The answer is usually yes, as long as you were using the trademark in business first. This can also apply when names or logos are similar enough to confuse consumers, even if they’re not identical. This type of trademark is called a common-law trademark.

It’s not necessary to hire a lawyer to fill out or deliver a trademark infringement cease and desist letter. However, in the case of serious trademark or copyright violations, many businesses choose to contact a trademark lawyer anyway at this point. That way, you have help deciding the best plan of action for defending your brand. A cease and desist letter is always the first step, but it may not be the only one you’ll have to take.

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