Guide
Trademark cease and desist letters: what they mean and what to do
A trademark cease and desist letter says you are using a name or logo that infringes someone's trademark and demands that you stop. It is a demand, not a court order, so it has no legal force on its own. But it is often the step before a lawsuit, so don't ignore it: check whether the claim holds up, then decide how to respond.
What the letter usually says
- Their trademark, often with a registration number, and the goods or services it covers.
- What you are doing that they say infringes it: a business name, a product name, a logo, a domain or a listing.
- What they want: stop using the name, change it, take down listings, withdraw your trademark application, sometimes destroy stock or pay money.
- A deadline, typically 10 to 30 days, and what they say they will do if you miss it.
What to do if you get one
- Don't ignore it, and don't reply in a hurry. Carrying on after a clear warning can be treated as wilful infringement, which can raise damages. But an angry or careless reply can be used against you.
- Check their trademark. Look it up in the U.S. trademark register: is it registered or only pending, for which goods and services, and since when? A mark registered for unrelated goods, or a registration that is dead, weakens the claim.
- Check who was first. Trademark rights in the U.S. come from use. If you used your name before they used theirs, in your area, you may have rights of your own even without a registration. Gather proof of your first use.
- Ask whether customers would really be confused. The test is whether the names look, sound or mean the same and the goods or services are related. A similar name in an unrelated market is often not infringement.
- Talk to a trademark attorney before you answer, especially if they mention a lawsuit or money.
Your options
- Comply. Rebrand within a reasonable time, often negotiated. Usually the cheapest route for a young brand.
- Negotiate. A transition period, a narrower use, or a coexistence agreement where both names continue in different markets.
- Push back. A reply explaining why there is no infringement, for example earlier use or unrelated goods. Many letters ask for more than the law gives.
Who sends them
Some brand owners enforce constantly. At the USPTO, where owners can oppose a new application before it registers, Monster Energy Company has challenged 831 marks since 2015, Apple Inc. 491 and Caterpillar Inc. 399. A letter from one of them is routine for them, and they usually mean it. See who opposes U.S. trademarks.
Is it a scam?
The USPTO never sends cease and desist letters. A real one comes from the trademark owner or their lawyer, and does not ask you to pay a fee to a "registry". Be wary of official-looking letters that ask for payment to publish or monitor your trademark, or warn that a company is about to register your name in another country unless you act.
Sending one yourself
If someone is using a name close to yours, a cease and desist letter is the usual first step. Check your own position first: what your registration covers, who used the name first, and whether customers are really confused. A letter that overstates your rights can backfire. A trademark attorney can send one for you. To spot copycats early, set up a free trademark watch.
Questions
What is a trademark cease and desist letter?
A letter from a trademark owner, usually through a lawyer, saying you are infringing their trademark and demanding that you stop using the name or logo, often by a deadline. It is a demand, not a court order: it has no legal force of its own, but it is often the step before a lawsuit or an opposition.
Should I ignore a cease and desist letter?
No. Ignoring it can lead to a lawsuit, and courts may treat continuing after a clear warning as wilful infringement, which can raise the damages. Check whether the claim is real, then reply, negotiate or change course, ideally with a trademark attorney.
Can I sue someone for using my trademark?
Yes. The owner of a registered trademark can sue in federal court for infringement, and even an unregistered mark that has been used in trade can be enforced. A cease and desist letter is usually sent first, because most disputes settle without a lawsuit.
Can you go to jail for trademark infringement?
Ordinary trademark infringement, using a confusingly similar name, is a civil matter: the risk is an order to stop, damages and legal costs, not jail. Criminal penalties apply to knowingly trafficking in counterfeit goods, which copy a registered mark outright.
Is a cease and desist letter from the USPTO real?
No. The USPTO does not send cease and desist letters. A real one comes from the trademark owner or their lawyer. Letters that look official and ask for payment, or warn that someone is about to register your name abroad, are a common scam.
General information, not legal advice. A cease and desist letter is a legal matter; for one that threatens a lawsuit or asks for money, talk to a trademark attorney before you reply.