Trademark Cease & Desist Letter
Trademark Cease & Desist Letter
I am writing on behalf of , located in . .
|Alternate Selection: [registered or unregistered]|
|Registered||owns the federal trademark registration for . The federal registration was issued for use in Class(es) .|
|Unregistered||is the owner of the trademark, . I have been consistently using this trademark for .|
The purpose of this letter is to place you on notice regarding your company's use of the trademark . I am informed of the following:
I request that you cease any continuing or future uses of your trademark, . Absent a prompt resolution, I will recommend that my lawyer take appropriate legal action to protect my proprietary rights. Any further infringing activity occurring after the receipt of this letter shall be considered a willful infringement.
|Alternate Selection: [hardball or nonthreatening]|
|Nonthreatening||Naturally, it is in the best interest of both parties to avoid litigation. My company is prepared and willing to consider nonlitigious alternative dispute resolution procedures. I am hopeful that your reasonable investigation will result in a speedy resolution. After you have reviewed this letter, please contact me.|
|Hardball (Registered Mark)||My company vigorously protects its trademarks. As your attorney can advise you, infringement of trademark exposes you to extensive liability. Be advised that Title 15 of the United States Code section 1117 provides that my company may recover all profits derived from your infringing activity as well as full court costs and reasonable attorney fees. If necessary, my company is prepared to seek temporary restraining orders, injunctions, and other appropriate relief in addition to compensation for damages. Your attorney can undoubtedly advise you as to the relevant details. If I do not hear from you within seven days of the date of this letter, I will be compelled to take appropriate legal action to protect my company's trademarks and to receive just compensation for any damage suffered. I look forward to hearing from you or your attorney.|
|Hardball (Unregistered Mark)||My company vigorously protects its trademarks. As your attorney can advise you, infringement of trademark exposes you to extensive liability. If I do not hear from you within seven days of the date of this letter, I will be compelled to take appropriate legal action to protect my company's trademarks and to receive just compensation for any damage suffered. I look forward to hearing from you or your attorney.|
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Dealing with infringement of your trademark? Take the first step and put the infringer on notice
When you discover that your trademark is being infringed, you can't afford to delay the enforcement of your ownership rights -- that's why you need Nolo's Trademark Cease & Desist Letter. If someone is using your trademark or a confusingly similar one, you may be entitled to damages if you sue, so it's important to take the first step and request that the infringement stop immediately.
Nolo's Trademark Cease & Desist Letter includes the following crucial elements:
- an explanation of the trademark owner's rights
- a description of the infringing activity
- a request that the infringing activity stop
- a statement of what will happen if the infringing continues
- a request for payment (an "accounting") for the infringing activities
- a time limit for future action
You worked hard to claim your unique product or business name, so don't let the infringers win! Take action now with Nolo's Trademark Cease & Desist Letter.