What is a trademark cease and desist letter?

A trademark cease and desist letter is a document sent by a party who believes that a trademark violation has occurred. It is sent to the alleged wrongdoer, demanding that the alleged violator cease from infringing on the sending party’s trademark. In California, trademark law is found in both state law, including the California Business and Professions Code, and federal law, including the Lanham Act and the U.S. Code. Under these laws, trademark infringement occurs when a symbol, logo, name, or phrase is used by someone other than the original owner without permission. A trademark cease and desist letter identifies the trademark owner, what the alleged violation is, and the potential legal consequences if the trademark violation is not stopped. The letter also will provide an explanation of the harmed party’s legal rights and the steps that must be taken to rectify the infringement. In order to protect their legal rights, trademark owners should consider sending a cease and desist letter if they believe a trademark violation has occurred. However, it is important to note that the issuance of a cease and desist letter does not guarantee that the other party will stop infringement. Therefore, the trademark owner may need to file a lawsuit in order to protect their trademark rights.

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What is a trademark cease and desist letter?

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