Trademark Cease and Desist Notification Form

This contract is a cease and desist notice letter used to put someone on notice that their branding is infringing a valid trademark. It functions as a demand letter asserting rights in intellectual property, typically under the Lanham Act. The sender identifies its federally registered mark, cites the federal registration number, and describes how the mark is used in commerce, often with evidence of use such as a specimen, date of first use, priority date, and the classification of goods and services.

The letter explains the likelihood of confusion by pointing to the similarity of marks, the similarity of goods and services, overlapping trade channels, the strength of the mark, the geographic area of use, and the sophistication of consumers. It may note actual consumer confusion, dilution or tarnishment, and injury to the brand, especially when a famous mark is involved.

The template emphasizes trademark enforcement. It demands an immediate order to cease, destruction or delivery of infringing materials, and sometimes transfer of infringing domain names. It can be sent as a cease and desist email or mailed letter and seeks an acknowledgment of receipt and signature without prejudice to other rights.

The tone can be a lawsuit threat, but it is not a government order or cease and desist order; rather, it preserves the option of a federal lawsuit in federal district court, where a complaint and summons could be served. It also signals that the owner will police and enforce its rights through a trademark monitoring program, trademark database search, and TTAB actions, such as a notice of opposition or petition to cancel registration before the Trademark Trial and Appeal Board (TTAB). Attachments may include TSDR printouts from the trademark registration database, proof that a trademark application matured to a trademark registration issued after publication in the Official Gazette, or a statement of use in an intent-to-use filing.

Recipients typically weigh options: respond to the letter, negotiate a license agreement or license to use the mark, propose design-around technologies, or file a declaratory judgment action. Doing nothing increases the threat of litigation. Some raise fair use, First Amendment, gripe site defenses, or assert common law rights, priority of use, counterclaim, or affirmative defense.

Businesses often engage a U.S.-licensed trademark attorney experienced in trademark disputes for an opinion letter and to negotiate.

Use cases include stopping a reseller using a confusingly similar logo, halting bad faith domain squatting, or addressing marketplace confusion in online ads.

Proposal Kit can streamline writing documents like this through document assembly, automated line-item quoting for related services, an AI Writer to build supporting documents, and an extensive template library. Its ease of use helps teams prepare consistent correspondence, license negotiation materials, and related business forms.

Additional considerations help businesses decide how to act when receiving or sending a trademark notice letter. A cease and desist threat letter is not a government entity directive; it is a threatening letter that can carry a threatening tone, but it does not, by itself, chill speech or function as an official order. The sender often highlights its priority rights and use of the registered trademark symbol to reinforce ownership while policing trademark rights.

Recipients typically face four paths: acknowledge infringement and enter talks; negotiate terms with license negotiations triggered by the demand; file your own lawsuit for declaratory relief; or do nothing and risk a complaint served in federal court. Companies may also oppose application filings or file a petition to oppose before the TTAB if a conflicting mark is pending. If the settlement fails, either side may file a lawsuit, after which a summons and complaint may follow. Engaging a u. s. -licensed attorney to assess exposure and strategy remains prudent across these choices.

On the sender side, a well-structured threat letter can open a business dialogue rather than escalate. Some matters resolve with a narrow coexistence or a short-term transition plan, while others call for a hard stop and delivery or destruction of materials. The same framework supports broader enforcement, from a trademark notice letter to TTAB actions that oppose application attempts by others. Proposal Kit can help teams assemble consistent correspondence and supporting documents, from an initial cease and desist threat letter to TTAB petition drafts and licensing terms, using document assembly, automated line-item quoting for services, an AI Writer for related materials, and an extensive template library to keep workflows clear and easy to use.

Beyond the core demands, this template structures how a business documents evidence and sets deadlines. It references federal registration, the registered trademark symbol, and attached TSDR records to show priority rights and a valid trademark. It asks the recipient to sign and return an acknowledgment of receipt by a specific date, to stop use immediately, and to deliver or destroy inventory.

It allows insertion of terms for domain name transfer, which is common when marketplace confusion or cyber squatting is alleged. The without prejudice reservation preserves all remedies if the recipient ignores the cease and desist notice.

Strategy matters for both sides. A sender may calibrate a threatening tone to underscore the threat of litigation without overreaching or attempting to chill speech, especially where fair use, First Amendment commentary, or a gripe site could be implicated. If the recipient does nothing, the owner may escalate: complaint and summons, complaint served in federal district court, or TTAB actions such as a notice of opposition, petition to cancel registration, or petition to oppose.

A trademark trial and appeal board (TTAB) proceeding can run in parallel with trademark monitoring and a broader monitoring program. If settlement is viable, license negotiations triggered by the letter may yield a limited license to use the mark, a phased rebrand, or coexistence terms defined by trade channels and classification of goods.

Recipients weigh whether to respond to the threat letter, acknowledge infringement, negotiate, oppose application activity, or file a declaratory judgment and file their own lawsuit. Engaging a U.S.-licensed attorney or trademark attorney helps evaluate the similarity of marks, the similarity of goods and services, the strength of the mark, bad faith, actual consumer confusion, and other factors before deciding to file a lawsuit or pursue a counterclaim or affirmative defense.

Proposal Kit supports these workflows by helping teams assemble consistent trademark notice letters, cease language, license agreement drafts, and supporting exhibits with document assembly. Its AI Writer can write related correspondence, and automated line-item quoting helps estimate enforcement or rebranding services. The extensive template library and ease of use assist with policing trademark rights, from initial outreach to negotiation materials.

Writing the Trademark Cease and Desist Notification Form document - The Narrative

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