Do I need a USPTO registration to send this letter?

No. Using a mark in commerce can create common-law rights. Federal registration widens geographic reach and makes proof easier, but it is not required to send a demand.

Is the letter legally binding?

No. It is a demand, not a court order. It notifies the other side and creates a record if you later seek an injunction or damages.

What if they ignore it?

Options include a follow-up from counsel, an opposition or cancellation at the USPTO if they filed an application, or a trademark lawsuit. Keep proof of delivery.

What if our marks are only somewhat similar?

Similarity plus related goods or services and real customer confusion is what matters. If you are unsure, have an attorney review before you send a strong demand.

Trademark Infringement Cease and Desist Letter - Maine

Someone is using a mark that looks or sounds like yours, and customers are getting confused. Create a trademark infringement cease and desist letter free to start: identify both marks, explain the confusion, set a deadline, preview free, then download as PDF or Word.

This page is already set up for trademark. You get rights by using a mark in commerce even without a federal registration. Registration with the USPTO makes those rights easier to prove and enforce nationwide.

What is a trademark cease and desist letter?

It is a written demand that someone stop using your trademark or a confusingly similar mark. You describe your mark, when you started using it, how their mark is the same or similar, and how it confuses customers.

The letter puts them on notice that you claim priority and that continued use may lead to legal action.

Customer confusion is the core of most trademark claims. Say how people have mixed the two brands up.

When to send one

A competitor uses a name or logo close to yours
Customers call you about their products, or the reverse
They applied for a mark that conflicts with yours

If the marks are in completely different industries with no overlap, talk to an attorney before sending a strong demand.

How to write it

Identify your mark and theirs

Describe both marks, your first-use date, and a registration number and date if you have them.

Explain similarity and confusion

Say whether their mark is identical or similar, how it overlaps, and how customers get confused. Attach examples as Exhibit A.

Demand that they stop by a date

Ask them to cease use of the mark and any confusingly similar mark. Immediate action or a short day count both work. Send by certified mail.

How it works on Doqu

Answer questions about your trademark, theirs, and the confusion.
Preview free before you download.
Download as PDF or Word, sign, and send with proof of delivery.

Free to start; download when you are ready.

Browse more in dispute and notice letters.

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Frequently asked questions

Trademark Infringement Cease and Desist Letter — other states

Browse trademark infringement cease and desist letter templates for other US states.

What is a trademark cease and desist letter?

The letter puts them on notice that you claim priority and that continued use may lead to legal action.

Customer confusion is the core of most trademark claims. Say how people have mixed the two brands up.

When to send one

A competitor uses a name or logo close to yours
Customers call you about their products, or the reverse
They applied for a mark that conflicts with yours

If the marks are in completely different industries with no overlap, talk to an attorney before sending a strong demand.