Trademark Cease & Desist Letter

A first letter to send to an infringer. It's intended to be a firm opening letter to begin a dialogue with an infringer and protect your rights. Revise with stronger wording as necessary to fit your circumstance. If you have questions about this document or you need assistance in tailoring it to your specific situation, let me know. You can easily contact me at https://goodwithla.ws

Date

Infringer’s Name

Infringer’s Address

Re: Infringement of the registered trademark/domain mark

Dear Infringer's Name:

We have recently discovered that your business is using the mark mark/domain for your service or product. We believe your use infringes on our ownership of the registered trademark/domain mark.We learned of your use of the same or similar mark/domain mark on date. We discovered your use of the mark explain discovery of infringement.

We believe we have the exclusive right to use this trademark for the following reasons:

You may have common law trademark rights even if you have not registered a mark. If you have not registered your mark, revise by taking out point number 1 below.

1. We have registered the registered trademark/domain with the United States Patent and Trademark Office, Register No. registration number on date.

2. We began using the mark registered trademark/domain on date. We have established priority in the mark because our use of the mark precedes your use.

3. Since date we have used the trademark on list services and products.

Because you are using the same or similar mark on the same or similar products, we believe your use of the mark has caused confusion among our consumers and is likely to continue to cause customer confusion in the future.

Optional: Add a statement here such as "documentation of consumer confusion is included with this letter," if you are already aware of loss of income as a result of the infringement. Also, feel free to revise the wording below if you are fighting a case of obvious intentional infringement.

While the purpose of this letter is to open a dialogue between us, please be advised that we are prepared to take all actions necessary to protect our mark. You have infringed on our mark. You must cease and desist any use of the mark. Furthermore, you should sign the statement below certifying that you will cease using the mark. We recommend that you consult with an attorney before taking any action.

If you have any questions about this letter, please feel free to contact me.

Regards,

___________________________

Signature of trademark owner

Cease and Desist Agreement

I, Infringer's Name, personally, and on behalf of infringing company, if any, agree to immediately cease and desist from any and all further use of registered trademark/domain. If I or my company breach this agreement, trademark owner shall be entitled toall costs, including attorney’s fees, related to any and all claims or actions brought to enforce this agreement and trademark owner shall be free to pursue all rights it had as of the date of this letter. I certify that I have the authority to enter into this agreementon behalf of myself and infringing company, if any.

_______________________________

Signature of Infringer's Name

_______________________________

Date

Document Discussion

Good letter. However, I think the veil threats of legal action in the the letter will give the recipient cause to file a preemptive lawsuit for declaratory judgement.

Jacob Tingen

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