Safeguard your business reputation on the internet
In the digital age, protecting your brand and trademark is crucial for the success of your business. Here's a step-by-step guide on how to write a cease and desist trademark infringement letter, a powerful tool to safeguard your intellectual property.
Key Elements to Include
- Introduction with identity and trademark details: Start by introducing yourself or your business and describing your registered trademark, including the registration number if available. Make it clear that you own the exclusive rights to that trademark.Example: "We are the owners of the registered trademark [Trademark Name], registered with the USPTO under registration number [Number]. We have observed that you are using a logo identical to our trademark on [platform/product], which constitutes trademark infringement."
- Description of infringement: Explain how the recipient is infringing your trademark, using factual, non-hostile language.
- Evidence of infringement: Attach or reference evidence like screenshots, URLs, dates, or instances where infringement occurred to support your claim.
- Legal basis: Reference your trademark registration and rights under applicable law, indicating that such use violates your exclusive rights.
- Clear demands: Explicitly state that the recipient must stop the infringing activity immediately and within a reasonable deadline.
- Consequences: Politely warn that failure to comply may result in legal action.
- Contact details and formal closing: Provide your contact information and a professional closing with the date.
Practical Tips
- Collect and verify all evidence before sending.
- Keep the tone formal and factual, avoiding threats or emotional language.
- Give a reasonable timeframe for compliance (usually 10-30 days).
- Date the letter to document the timeline of your complaint.
Remember, this letter serves as formal notice that can support subsequent legal action but is not itself a lawsuit. Ignoring the letter may lead to a lawsuit to protect your legal rights.
Additional Steps
- Monitor for infringement of your brand and trademark.
- Ensure WHOIS information is up-to-date and points only to you.
- Trademark your brand for a higher likelihood of successful registration and dispute resolution.
- Send a cease and desist letter to competitors using your trademark when infringement is detected.
- Include a copyright notice on your website pages.
- Use a domain-name registrar that offers domain locking to prevent unauthorized transfer requests.
By following these steps, you can effectively protect your trademark and maintain the integrity of your brand.
- "As the registered owners of the trademark [Trademark Name], registered with the USPTO under registration number [Number], we have observed that your business is using a logo identical to our trademark in the financial sector. We hold exclusive rights to this trademark, and the use of a similar mark compromises our brand identity."
- "In light of your continued use of our trademark on [financial service/product], we kindly demand that you cease and desist from this infringing activity immediately. Failure to comply may result in legal action to safeguard our intellectual property rights in the business world."
