Trademark Infringement Cease and Desist Letter — Free Template
When another business uses your brand name, logo or a confusingly similar mark, customers may think the two businesses are connected. A trademark infringement cease and desist letter explains your rights in the mark, shows where it is being misused, and asks the other party to stop and change their branding.
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Free to preview[Your full name or business name]
[Your mailing address]
October 15, 2026
[Who the letter is to]
Re: Cease and desist — Unauthorized use of my business name, logo or trademark
Dear [Who the letter is to],
I am writing to formally demand that you stop the conduct described below. Since approximately [When the conduct started (approximately)], you have engaged in the following: Unauthorized use of my business name, logo or trademark.
[What they have been doing]
This conduct is unwelcome and unauthorized, and it must stop immediately. I specifically ask that you:
[What you want them to do]
Please confirm in writing, within 10 days of the date of this letter (by October 25, 2026), that you have done so and that the conduct will not continue.
I have kept records of this conduct, and I am keeping a copy of this letter and proof of delivery. If the conduct continues or I do not receive your written confirmation by that date, I intend to pursue the remedies available to me, which may include reporting the matter to the appropriate authorities or filing a claim in court.
I would prefer to resolve this without further action. Please direct any response to me in writing at the address above.
Sincerely,
[Your full name or business name]
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Explain your rights in the mark
State how long you have used the name or logo, for what products or services, and where. If the mark is registered with the U.S. Patent and Trademark Office or your state, include the registration number. Unregistered marks can also have rights based on use, usually in the area where you do business.
The core question in most trademark disputes is whether customers are likely to be confused. Real examples of confusion, such as misdirected calls, emails or reviews, are some of the most persuasive facts you can include.
Give a realistic path to compliance
Rebranding takes time and money, so a very short deadline may be unrealistic. Consider asking for written confirmation within 10 to 14 days that they will change, with a longer period to complete the switch on signs and packaging.
A businesslike, non-threatening tone tends to get better results, especially if the other business may not have known about your mark. Many disputes end with a simple name change once the facts are laid out.
Check before you send
Search the USPTO trademark database and your state's business records to see whether the other business registered first or has been using the name longer than you. If they used it first, your letter could backfire.
Also keep in mind that similar names in completely different industries often do not cause confusion. A trademark letter is strongest when the businesses sell similar things to similar customers.
What to do, step by step
Write down what happened
List the dates, places and messages involved before you start. Save screenshots, URLs, voicemails and copies of anything that shows the conduct.
Fill in your letter
Answer the questions above. Describe the conduct factually and say exactly what you want the other person to do — vague demands are easy to ignore.
Keep the tone calm and firm
Avoid insults, exaggeration and threats you don't intend to carry out. A measured letter is more persuasive and looks better if it is ever shown to a judge.
Send it in a way you can prove
Mail it by certified mail with return receipt, and email a copy if you have an address. Keep a copy of the letter and the receipt together.
Decide on your next step
If the deadline passes and the conduct continues, keep documenting it. Depending on the situation, that may mean a police report, a protective order, a takedown notice or a claim in court.
What if they ignore your cease and desist letter?
A cease and desist letter is not a court order, so it can't force anyone to stop on its own. What it does is put the other person on clear, dated notice — which matters later, because continuing after a written warning is often treated as deliberate.
Your next step depends on the conduct. Ongoing harassment or threats can be reported to the police, and many courts offer civil protection or anti-harassment orders that people can request without legal help. For copied photos or writing, most websites and hosting companies have a copyright takedown process. Defamation, trademark and business disputes are usually resolved in civil court, where a judge can award damages or order the conduct to stop.
Whatever you do next, keep every message and record. Your letter, your proof of mailing and a log of what happened afterward are the core of any complaint or claim.
Example trademark infringement cease and desist letter
A filled-in sample with made-up details, so you can see the finished result.
Copperleaf Bakery LLC
212 Front St, Riverton, OH 44101
October 5, 2026
Copper Leaf Cakes & Pastry
77 Station Rd, Riverton, OH 44106
Re: Cease and desist — Unauthorized use of my business name, logo or trademark
Dear Copper Leaf Cakes & Pastry,
I am writing to formally demand that you stop the conduct described below. Since approximately June 1, 2026, you have engaged in the following: Unauthorized use of my business name, logo or trademark.
Copperleaf Bakery has sold baked goods under the Copperleaf name and copper leaf logo in Riverton since 2019. In June 2026 you opened a bakery four miles away under the name Copper Leaf Cakes & Pastry, using a similar leaf logo. Since then, at least a dozen customers have called us about orders placed with your shop.
This conduct is unwelcome and unauthorized, and it must stop immediately. I specifically ask that you:
Stop using the name Copper Leaf and any similar leaf logo for your bakery, including on signs, packaging, your website and social media, and confirm in writing when the change is complete.
Please confirm in writing, within 10 days of the date of this letter (by October 15, 2026), that you have done so and that the conduct will not continue.
I have kept records of this conduct, and I am keeping a copy of this letter and proof of delivery. If the conduct continues or I do not receive your written confirmation by that date, I intend to pursue the remedies available to me, which may include reporting the matter to the appropriate authorities or filing a claim in court.
I would prefer to resolve this without further action. Please direct any response to me in writing at the address above.
Sincerely,
Copperleaf Bakery LLC
Frequently asked questions
Do I need a registered trademark to send this letter?
No. Businesses can have rights in a name or logo they have used in commerce even without registration, usually in the geographic area where they operate. Registration strengthens your position and covers the whole country, so it is worth considering if you rely on your brand.
What is the difference between trademark and copyright?
Trademarks protect brand identifiers, such as names, logos and slogans, that tell customers who a product comes from. Copyright protects creative works such as photos, writing and art. A logo can involve both, but a dispute over a business name is a trademark issue.
What if the other business is in another state?
It depends on whether your mark is federally registered, how far your business reaches, and whether customers are actually confused. Describe the overlap clearly in your letter, such as shared online customers or shipping to the same areas.
Is a cease and desist letter legally binding?
No. It is a formal written demand, not a court order, so the recipient isn't legally required to obey it. It still matters: it shows you asked clearly, gives the person a chance to stop, and creates evidence that any later conduct was knowing rather than accidental.
Can I write a cease and desist letter myself?
Yes. Anyone can send one — there's no special form or license needed. What makes it effective is being specific: identify the conduct, the dates, what you want stopped, and a deadline. Many people send their own letter first and seek legal help only if the conduct continues.
FairLetter is not a law firm and does not provide legal advice. Letters are templates you customize and send yourself.