How can I send a cease and desist letter?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

A cease and desist letter is sent if you want to warn a person or company that their use of their brand infringes your trademark rights. It is advisable to hire a trademark lawyer who can help you draft such a document.

A crucial part of this is collecting the evidence as an argument for infringement of your intellectual property rights. It is beneficial to demonstrate how it is possible to confuse customers according to the products or services you and your competitor provide.

After providing this evidence to the lawyer, they will help you draft a letter that describes and summarizes all of the above information. Afterwards, the letter is sent with the description of your trademark rights, the evidence of infringement, and the demand that the infringing party immediately stop using the infringing trademark. If the infringing party fails or refuses to comply with the complaint, legal action can be initiated to enforce your trademark rights.

It is important to note that a cease and desist letter is a serious step, and you need to have gathered all potential evidence to help you enforce your rights.

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