Create Your Trademark Infringement Cease & Desist Letter
Someone is trading on your brand? Generate a professional cease and desist that asserts your rights under the Lanham Act — registered or not — pleads consumer confusion with facts, and demands they stop, rebrand, or hand over the domain. Firm, credible, and legally grounded. Ready to send in minutes.
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What's Included in This Cease & Desist Letter
This form generates a professional trademark-infringement demand that states your rights, documents the infringing use, argues likelihood of confusion on the facts, and makes specific, enforceable demands with a deadline. Registered marks are asserted under 15 U.S.C. §1114(1) with the registration's statutory weight (§1115); unregistered marks under §1125(a) — protected to the same confusion standard (Two Pesos v. Taco Cabana, 505 U.S. 763 (1992)).
A Statement of Your Rights
Cites your USPTO registration number and its prima facie evidentiary weight (15 U.S.C. §1115(a)) — or, for unregistered marks, your first use in commerce and market footprint under §1125(a). The letter never overstates: a pending application is described as pending, and common-law demands stay within your real geographic area (United Drug v. Rectanus, 248 U.S. 90 (1918)).
A Factual Confusion Case
Documents the infringing mark, where it appears, how close their goods are to yours, your priority of use, and any actual-confusion incidents — mapped to the factors courts weigh (Polaroid, 287 F.2d 492 (2d Cir. 1961); Sleekcraft, 599 F.2d 341 (9th Cir. 1979)).
Cybersquatting & Dilution, When They Apply
A confusingly similar domain adds an ACPA paragraph (15 U.S.C. §1125(d)) with statutory damages of $1,000–$100,000 per domain (§1117(d)) and a transfer demand. A genuinely famous mark can add a dilution claim (§1125(c)). Both are gated — the letter includes them only when your facts support them.
Specific Demands & Real Remedies
Cease all use, rebrand, transfer domains, destroy infringing materials (15 U.S.C. §1118), remove listings, account for sales — by a firm deadline. Consequences cite the remedies courts actually grant: injunctions (§1116, with irreparable harm presumed since the Trademark Modernization Act of 2020) and profits, damages, and costs (§1117(a)).
Threatening a Lawsuit Can Get You Sued First
Under MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007), an explicit litigation threat can create "declaratory judgment" jurisdiction — letting the recipient sue you first for a ruling of non-infringement, in their home court. This form offers three tones, from professional notice to litigation warning, and warns you before you pick the most aggressive one. Escalation is a strategy, not a default.
No Registration? You Still Have Rights
U.S. trademark rights come from use, not registration. Unregistered marks are protected against confusingly similar uses by Section 43(a) of the Lanham Act (15 U.S.C. §1125(a)) — confirmed by the Supreme Court in Two Pesos v. Taco Cabana, 505 U.S. 763 (1992). The catch: common-law rights are generally limited to where you actually use the mark and are known (United Drug v. Rectanus, 248 U.S. 90 (1918)) — so this letter frames an unregistered demand to your real footprint.
Understanding Your Trademark Claims
A strong cease and desist matches the claim to the facts. These are the four federal claims this letter can assert — and when each one belongs.
Registered-Mark Infringement — §1114
Using a reproduction or colorable imitation of a federally registered mark in commerce, where confusion is likely (15 U.S.C. §1114(1)). Your registration is prima facie evidence of validity and exclusive rights (§1115(a)) — after five years, potentially incontestable (§1115(b)). The strongest branch.
Unregistered Marks & False Designation — §1125(a)
Any use likely to confuse consumers about source, sponsorship, or affiliation — no registration needed (15 U.S.C. §1125(a); Two Pesos, 505 U.S. 763 (1992)). The workhorse claim for common-law marks, trade names, and pending applications.
Dilution — §1125(c)
For marks famous to the general U.S. consuming public: blurring or tarnishment claims that don't require confusion at all (15 U.S.C. §1125(c), TDRA 2006). A deliberately high bar — the form gates this behind an explicit fame confirmation so you never overclaim.
Cybersquatting — §1125(d)
Registering, trafficking in, or using a domain confusingly similar to your mark with bad-faith intent to profit (15 U.S.C. §1125(d)). Statutory damages run $1,000–$100,000 per domain (§1117(d)), plus transfer or cancellation — and the UDRP arbitration route exists for pure domain grabs.
Enforcing the Right Way
A cease and desist works best when it is factual, proportionate, and truthful. Getting these right protects your credibility — and your legal position if the dispute escalates.
Assert Only What You Hold
Overreach is the one way a C&D backfires: courts shift attorney's fees in "exceptional cases" (15 U.S.C. §1117(a)), and the USPTO has documented the costs of "trademark bullying" (Report to Congress on Trademark Litigation Tactics, 2011). This form ties every assertion to the facts you enter — no counterfeiting accusations, no unsupported fame claims.
Lead With Priority
First use wins in U.S. trademark law. The letter states your first-use date (and registration date, if registered) to establish that your rights predate theirs — the foundation every other argument stands on.
Pick the Tone Deliberately
A professional notice preserves goodwill; a firm demand states remedies; a litigation warning states intent to sue — and can hand the recipient a declaratory-judgment filing in their home court (MedImmune, 549 U.S. 118 (2007)). Many owners escalate across two letters rather than opening at maximum.
Document Everything
Send by certified mail with return receipt and keep dated screenshots of the infringing use. The letter creates actual notice — which matters for damages on a registered mark (15 U.S.C. §1111) and for proving willfulness later.
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Cease and Desist Letter — Trademark Infringement
- Registered & common-law branches (§1114 / §1125(a))
- Confusion pleaded factually (Polaroid/Sleekcraft factors)
- Cybersquatting (ACPA) & dilution add-ons
- Three tones + declaratory-judgment risk guard
- All 50 states + DC supported
- Instant PDF download
Did you know?
Did you know?
You don't need a federal registration to stop a copycat. U.S. trademark rights arise from actual use in commerce, and Section 43(a) of the Lanham Act (15 U.S.C. §1125(a)) protects unregistered marks against confusingly similar uses under the same likelihood-of-confusion standard as registered ones — the Supreme Court said so squarely in Two Pesos v. Taco Cabana, 505 U.S. 763 (1992). What a registration adds is weight: prima facie evidence of validity and exclusive nationwide rights (15 U.S.C. §1115(a)). Either way, a well-grounded cease and desist letter is usually the first — and often the last — step in a trademark dispute: it creates actual notice (15 U.S.C. §1111), starts the willfulness clock, and shows you enforce your rights. And since the Trademark Modernization Act of 2020, courts presume irreparable harm once infringement is shown (15 U.S.C. §1116(a)) — making the injunction threat behind a credible letter more real than it has been in a decade. The catch is overreach: threaten only what the facts support, because an aggressive letter can trigger a declaratory-judgment countersuit in the recipient's home court (MedImmune v. Genentech, 549 U.S. 118 (2007)). That's exactly the line this form walks for you.
Featured — Spotlight
Backed by your state's trademark law, too.
The Lanham Act protects your mark nationwide, but every state adds its own layer — and this letter cites it where it counts. Each state runs a trademark registration system (California's Model State Trademark Law, Bus. & Prof. Code §14200 et seq.; Texas Bus. & Com. Code ch. 16; Florida ch. 495; Illinois' Trademark Registration and Protection Act, 765 ILCS 1036; New York GBL art. 24; Massachusetts c. 110H; Washington RCW 19.77). Most also have unfair-competition and consumer-protection statutes that overlap trademark claims — California's UCL (§17200), the Illinois UDTPA's passing-off prohibition (815 ILCS 510/2), Florida's FDUTPA (§501.204), Washington's CPA (RCW 19.86.020), and Massachusetts c. 93A, which allows double or treble damages for willful unfair practices. Some state laws even go further than federal: New York's GBL §360-l protects distinctive marks against dilution without requiring nationwide fame — useful when your brand is strong regionally but not a household name. When you select one of these states, the letter adds a state-law notice citing the statutes that apply alongside your federal claim.
What people are saying
Real brands, real results
Join the owners who protected their trademarks without hiring a lawyer
"A competitor started using a name one letter off from my registered mark. The letter cited my registration number and the actual-confusion emails from customers — their lawyer called within a week and they rebranded. The §1115 prima facie language did the heavy lifting."
Alicia M.
Austin, TX
"My coffee brand isn't registered yet — application pending. I assumed I had no options until this walked me through the common-law route under §1125(a). The firm-demand tone was exactly right: serious, not scorched-earth. They took the copycat listings down."
Devon K.
Brooklyn, NY
"Someone registered our brand name as a .com and parked ads on it. The cybersquatting paragraph — with the up-to-$100,000-per-domain statutory damages — got the domain transferred in ten days. I'd been quoted four figures for a lawyer to send the same thing."
Sandra P.
Seattle, WA
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Frequently Asked Questions
Everything you need to know about sending a trademark cease and desist letter
A formal written demand from a trademark owner to someone using a confusingly similar mark, telling them to stop. It states your rights (15 U.S.C. §1114(1) for registered marks; §1125(a) for unregistered ones), documents the infringing use, explains why confusion is likely, and makes specific demands with a deadline. It also creates actual notice of your rights (15 U.S.C. §1111) — the paper trail that matters if the dispute ever reaches court. Most trademark disputes end at this letter.
Yes. Rights come from use: Section 43(a) of the Lanham Act (15 U.S.C. §1125(a)) protects unregistered marks against confusing uses, per Two Pesos v. Taco Cabana, 505 U.S. 763 (1992). Two honest limits: common-law rights generally cover only the area where you actually use the mark and are known (United Drug v. Rectanus, 248 U.S. 90 (1918)), and you lose the registration's evidentiary presumptions (§1115). This form frames an unregistered demand to your true footprint — credible because it doesn't overreach.
The standard demands: immediately cease all use of the mark; phase out and rebrand; transfer infringing domain names (backed by the ACPA, 15 U.S.C. §1125(d), with statutory damages of $1,000–$100,000 per domain under §1117(d)); destroy or surrender infringing materials (grounded in 15 U.S.C. §1118); remove online listings and ads; account for sales made under the mark; and provide written assurance of compliance by your deadline — typically 10–14 days.
It can be. Under MedImmune v. Genentech, 549 U.S. 118 (2007), an explicit threat can create declaratory-judgment jurisdiction — the recipient can sue you first, in their home court, for a ruling that they don't infringe. That flips the venue and the initiative. This form offers three tones (notice, firm demand, litigation warning) and shows a warning before you choose the most aggressive one. A firm demand that states your rights and remedies — without an express suit threat — often gets the same result with less exposure.
Your options are a federal infringement suit — where remedies include injunctions (15 U.S.C. §1116(a), with irreparable harm presumed since the Trademark Modernization Act of 2020), the infringer's profits, your damages, and costs (§1117(a), plus attorney's fees in exceptional cases), and destruction of infringing goods (§1118) — or, for domain disputes, a UDRP arbitration to transfer the domain. The letter itself strengthens that case: it proves notice, supports willfulness, and shows you enforced your rights. This is a self-help document, not legal advice — for a high-stakes dispute, consult a trademark attorney.
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Cease and Desist Letter — Trademark Infringement