How to Send a Trademark Cease and Desist Letter

Before You Send Anything: Confirm You Have Rights

The single most dangerous mistake trademark holders make is sending a cease and desist letter without actually having enforceable rights. A recipient who knows their trademark law can respond to a baseless C&D by filing a declaratory judgment action in federal court — asking the court to declare that they are not infringing. This flips the script entirely: you become the defendant in litigation you triggered.

Before sending a C&D, confirm:

• You have a live federal trademark registration, a pending application with a priority date, or documented common law use that predates the infringer's use
• Your rights cover the goods or services the infringer is using the mark for
• The infringing mark creates a genuine likelihood of consumer confusion with yours (the DuPont factors apply)
• You are not sitting on rights you've failed to enforce for years — long delays can constitute laches and weaken your position

What a Trademark C&D Letter Must Include

A cease and desist letter is not a rigid legal document — there's no official form. But an effective one contains all of the following:

1. Identification of Your Rights

State precisely what trademark rights you hold. If registered: provide the USPTO registration number, the mark, and the date of registration. If common law: describe when and where you first used the mark in commerce, with documentation available upon request. The more specific and verifiable your rights statement, the harder it is to dismiss.

2. Identification of the Infringing Use

Describe exactly what the recipient is doing that infringes. Include: the mark they're using, where it appears (website URL, product name, store name, social media handle), and why it creates consumer confusion with your mark. Attach screenshots or exhibits. The specificity here demonstrates that you've done your homework and aren't sending a generic demand.

3. The Legal Basis

Reference the Lanham Act — specifically 15 U.S.C. § 1114 (infringement of registered marks) or 15 U.S.C. § 1125(a) (false designation of origin, covering unregistered marks and trade dress). You don't need to write a brief, but citing the statute makes clear this isn't just a complaint letter — it's a legal demand.

4. The Specific Demands

Be explicit about what you want. Typically:

• Immediate cessation of the infringing use
• Removal of the mark from all websites, products, marketing materials, and social media
• Written confirmation that the use has been discontinued
• Assignment or cancellation of any infringing domain names
• Accounting of profits (if you intend to seek damages)

5. A Deadline

Give the recipient a specific deadline — typically 10 to 30 days. Shorter deadlines signal urgency and are appropriate when the infringement is causing ongoing harm. Longer deadlines are more reasonable for smaller businesses and increase goodwill. Whatever deadline you set, be prepared to follow up if it passes without response.

6. A Reservation of Rights

Include language stating that sending this letter does not waive any of your legal rights, and that you reserve the right to pursue all available legal remedies. This is standard protective language.

Attorney vs. DIY: What's the Difference in Practice

You can legally draft and send a cease and desist letter yourself. Many small trademark holders do this for low-stakes situations — a local competitor using a confusingly similar name, a small online seller copying your brand. In those cases, a clearly-written self-drafted letter that demonstrates you know your rights may resolve the situation at zero cost.

However, a letter on law firm letterhead operates differently. Recipients — and their counsel — take it more seriously. It signals that you have legal representation and the resources to back up the demand. Studies on dispute resolution consistently show higher compliance rates with attorney-drafted letters. For anything involving significant brand equity, ongoing commercial harm, or a recipient who has likely gotten legal advice themselves, retain an attorney to send the letter.

Attorney fees for a cease and desist letter typically run $500–$2,500 depending on complexity and the attorney's hourly rate.

How to Send It

Send the letter by at least two methods:

• Certified mail (USPS return receipt requested) — creates a delivery record that is admissible in court
• Email with read receipt — faster, and provides a timestamp of delivery

Address it to the owner of the business if known, and to any attorney of record if they're represented. If the infringer is a corporation, send to the registered agent (findable in the secretary of state's records).

Keep copies of everything: the letter, the delivery confirmation, any exhibits you attached, and all subsequent correspondence.

What Happens Next

After sending, you'll get one of three responses:

Compliance

The infringer agrees to stop and sends written confirmation. Get it in writing. Ideally, have them sign a short settlement agreement confirming the cessation and acknowledging your rights — this creates a record you can use if they restart the infringing use later.

Negotiation

The infringer responds through counsel, disputes some of your claims, or proposes a coexistence arrangement. This is the most common outcome when both parties have colorable positions. Negotiate through counsel. Coexistence agreements and consent agreements can resolve these disputes without litigation.

No Response / Refusal

Your options: send a follow-up letter (sometimes a second letter from counsel prompts action), file a complaint with the USPTO (if they have a pending application — you can oppose or petition to cancel), or file a federal lawsuit. Most trademark infringement suits are filed in U.S. District Court. Successful plaintiffs under the Lanham Act can recover actual damages, the infringer's profits, and in exceptional cases attorney's fees.