Trademark Cease-and-Desist Letter

Pre-suit notice demanding cessation of alleged trademark infringement and evidence preservation.

Quick Start

Collect before drafting:

1. Owner — legal name, entity type, signatory, counsel contact
2. Mark — exact mark, USPTO registration number/date/class (if any), first-use date
3. Scope — goods/services, channels of trade, geography
4. Infringement evidence — dated screenshots, URLs, product images, ads, packaging
5. Confusion evidence — actual confusion incidents, customer overlap, goods similarity
6. Demands — stop use, remove content, destroy inventory, transfer domains/handles, accounting
7. Deadline — exact calendar date, delivery method, proof-of-receipt plan

Workflow

1. Gather Inputs

| Input | Req? | Notes | |---|---|---| | Owner name + address | Yes | Include counsel if represented | | Mark type (word / design / composite) | Yes | — | | Registration status | No | If registered, include USPTO details | | First-use date | No | Required for common-law claims | | Goods/services description | Yes | Match registered or actual use | | Infringer name + address | Yes | Include DBA, online identifiers | | Infringing uses | Yes | URLs, listings, products, social handles | | Evidence list | Yes | Attach as exhibits | | Demands + deadline | Yes | Exact calendar date |

2. Analyze Likelihood of Confusion

Address only applicable factors:

| Factor | Evidence | |---|---| | Similarity of marks | Appearance, sound, meaning, commercial impression | | Relatedness of goods/services | Overlap or complementarity | | Strength of mark | Distinctiveness, duration, marketing spend | | Channels of trade | Same platforms, retailers, customer base | | Actual confusion | Misdirected inquiries, emails | | Intent | Copying, bad-faith adoption, prior knowledge | | Consumer sophistication | Purchase care level |

3. Select Demands

| Demand | Include when | Proof requested | |---|---|---| | Immediate cessation | Always | Written confirmation | | Remove from websites/marketplaces | Online use | Takedown screenshots | | Destroy inventory/packaging | Physical goods | Destruction certification | | Transfer domains/handles | Domains/handles used | Transfer confirmation | | Notify distributors/retailers | Third parties involved | Copy of notice | | Accounting of sales/profits | Damages likely | Sales report |

4. Draft Letter

Structure the letter in this order:

1. Representation & purpose — identify client, state formal notice
2. Rights in the mark — registered: USPTO Reg. No., date, classes, Lanham Act (15 U.S.C. § 1051 et seq.); unregistered: first-use date, geography, distinctiveness evidence
3. Infringing use — identify infringing mark, products/services/platforms, dates observed; assert likelihood of confusion as to source, sponsorship, or affiliation
4. Likelihood-of-confusion analysis — concise factor-based summary tied to evidence
5. Demands — numbered list of specific actions required
6. Deadline — exact compliance date with written confirmation required
7. Remedies notice — injunctive relief, damages, disgorgement under 15 U.S.C. § 1117(a)
8. Reservation of rights — no license or waiver granted
9. Response instructions — where to send response, what to include
10. Enclosures — exhibit list

Pitfalls

• Use only verified facts; every allegation must have a supporting exhibit.
• Firm and professional tone only — no threats beyond civil remedies.
• Never claim willfulness without supporting facts (e.g., prior notice).
• Use exact calendar dates for deadlines, not "within X days."
• If including settlement terms, frame under FRE 408 and keep separate from demands.
• Tailor to jurisdiction — reference applicable state unfair-competition statutes.
• Address defenses only when evidence supports rebuttal.