Cease and Desist Form Letter Trademark
Infringement
This attorney drafted letter sets forth a template to be sent
by the owner of a registered trademark to a party believed to
be infringing that mark through the use of a deceptively
similar or confusing mark, requesting such second party
cease and desist from use of the such similar or confusing
mark.
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND
COMPLETENESS. They are for guidance and should be modified to meet your needs and the
laws of your state. Use at your own risk. Docstoc and anyone who participated in providing or
modifying any form is not creating or entering into an Attorney-Client relationship. Docstoc
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© Copyright 2011 Docstoc Inc. registered document proprietary, copy not The information and forms are not a substitute for the advice of
does not provide legal advice.
your own attorney.
_____ [Instruction: Insert Company letterhead.]
____ [Instruction: Insert date.]
____ [Instruction: Insert addressee name.]
____ [Instruction: Insert addressee address.]
____ [Instruction: Insert addressee city, state, zip code.]
Re: Infringement of _____. [Instruction: Insert trademark being
infringed.]
Dear Sir or Madam:
We are the proprietor of trademark registration no. _____________________. [Instruction:
Insert applicable trademark registration information.] Details of this registration are set out
on the attached Exhibit A (such mark hereinafter referred to as “Trademark”) [Instruction:
Exhibit A should include reference to the class in which the trademark is registered,
applicable trademark registration number(s), how trademark is used in connection with
products.].
Widespread use of the Trademark has been made by us, to the extent that this trademark has
acquired an extensive reputation and goodwill. The Trademark is, accordingly, in addition to
being a registered mark, also a well-known mark for all relevant purposes of trademark law.
It has come to our attention that you are using and/or have applied to register [Instruction:
Delete inapplicable .] the ____ [Instruction: Insert mark being wrongfully used.] mark (such
mark hereinafter referred to as “Copycat Mark”) in the following infringing manner: _____
[Instruction: Insert how Copycat Mark is being used, including where it is being used, if
known.].
This Copycat Mark may be deemed confusingly and/or deceptively similar to the Trademark and
also constitutes a reproduction or imitation thereof.
In the circumstances, your use of the Copycat Mark constitutes an infringement of any and all of
our applicable rights in the Trademark.
In the circumstances, we demand that you immediately:
1. cease all use of the Copycat Mark;
2. deliver-up for destruction all material to which the Copycat Mark or any other mark in your
dominion or control which is confusingly or deceptively similar to the Trademark has been
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applied by you, any person or entity in your control or under your direction, or by any other
person if any such material is within your dominion or control ;
3. withdraw, cancel and/or delete and cease from using any corporate names, domain names,
trademark applications and/or trademark registrations for any mark which is confusingly or
deceptively similar to the Trademark, including but not limited to the Copycat Mark;
4. undertake, in writing and in the form attached hereto as Exhibit B, never in the future to
make any use of, or permit any person, entity or otherwise within your dominion and control to
make use of, the Copycat Mark or any other mark confusingly or deceptively similar to the
Trademark without prior written authority from us, whether within any material, corporate name,
trading name, trading style, domain name or otherwise.
Please deliver any and all requested materials and responses by no later than close of business on
__________________________ [Instruction: Insert date by which Copycat Mark owner
must respond.].
This request is written without prejudice to our rights and remedies, any and all of which are
hereby expressly reserved.
I declare under penalty of perjury that the foregoing is true and correct and that I am authorized
to act on behalf of the owner of the Trademark.
Yours faithfully,
[Instruction: Insert party’s signature block.]
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Exhibit A
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Exhibit B
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