If I discover infringement via trademark monitoring, can I send a cease and desist letter?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Yes, if you have a registered trademark in a given jurisdiction, you can send a cease and desist letter as the first formal step in enforcement.

As a general rule of thumb, the letter should be grounded in your specific registration, it should identify your trademark by registration number, describe the infringing use, and set out the legal basis for the demand. A trademark attorney can draft or review the letter to ensure it is legally sound and does not inadvertently overstate your rights.

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