How Cease and Desist Letters Help With Trademark Protection

It’s extremely wise to invest in trademark protections when building a brand. They provide exclusive ownership rights over your business materials, like your brand’s name, slogan, logo, etc. But registering trademarks is just one part of the puzzle – you also have to enforce those protections, should you discover someone else infringing upon them.

Cease and desist letters are valuable tools in this battle, and this guide shows you what they are and how you can use them to defend your trademarks.

What Is a Cease and Desist Letter?

Cease and desist letters are just what they sound like – letters that businesses can send out to anyone they deem to be infringing on their trademark or copyright protections, asking them to cease and desist their actions immediately.

A simple way to think of these letters is like the first line of defense for your trademarks. They’re the initial go-to solution that you can employ if you see someone or some other brand using your trademarked properties without permission.

They’re low-cost, relatively easy to put together, and can often get you the ideal outcome without the need to resort to more costly, complicated, and aggressive measures. And even though cease and desist letters aren’t legally binding, people will pay attention to them, so they’re always worth sending.

Key Elements

Every good cease and desist letter should include:

• Identification of who you are, who you represent, and who you’re addressing.
• A statement that outlines your ownership and rights over the trademark that is under dispute.
• An explanation of how you feel the recipient has infringed on your trademark rights.
• Citation of laws/protections that the recipient has broken (this proves you have legal grounds).
• A clear demand that the recipient stops (ceases and desists) their actions.
• A time frame or deadline, and an explanation of what you’ll do next if they don’t comply.

How to Use Cease and Desist Letters for Best Outcomes

If you’ve encountered a case where someone or some other business is using your trademark property and infringing your rights, a cease and desist letter is a smart option. Here are some steps and tips to make the most of this method of trademark protection:

• Review the Situation First: Before you send a letter like this, you need to make sure you’re actually within your rights to do so. Make sure that your trademark applies in the jurisdiction or location where the recipient is based and get proof of the infringement in the form of photos, screenshots, or documents.

• Draft Your Letter with Care: Make sure you include all the key elements listed above, and keep your letter clear and to the point so the recipient understands exactly what’s being said and what’s expected of them.
• Get it Reviewed: For legal situations like this, it’s best to have a lawyer or other legal expert in trademark protection review your letter prior to sending it. They’ll be able to fine-tune any of the legal jargon to ensure your letter is professional and effective.
• Send it Properly: Cease and desist letters are best sent physically, not digitally (it’s easy for people to claim they never got an email or just not read it). It helps to send it with some sort of tracking and signature request upon arrival, too, so you have proof the recipient got it.
• Follow-up, As Needed: Ideally, the recipient will get your letter, understand they’ve infringed on your rights, and comply with your demands. But if not, it’s worth following up with a call or a secondary letter to reinforce your position.
• Be Prepared for the Next Steps: Almost anything can happen after a cease and desist letter. The recipient might comply, or they could ignore you or even make retaliation charges against you. Be ready for the next steps – you may need legal representation to support you if the recipient refuses to comply.

Use Cease and Desist Letters to Defend Your Trademarks

So, if you’ve filed for trademark protection, make sure you’re proactive in terms of monitoring potential usage and infringement of your trademarked properties. And if you do see a case of infringement, act fast with a well-written cease and desist letter to hopefully settle the matter without any further escalation.