Someone is using your trademark without permission. Maybe it's a competitor with a suspiciously similar logo. Maybe it's a reseller slapping your brand name on knockoff products. Whatever the situation, a cease and desist letter for trademark infringement is typically your first formal move — and how you write it matters.
This guide gives you a complete, ready-to-use template, a section-by-section breakdown of what each part does, and instructions for mailing it as a physical letter through WriteToMail without needing a printer, stamps, or a lawyer to handle the logistics.
What This Template Solves
Trademark infringement can dilute brand equity, confuse customers, and — if left unaddressed — weaken your legal position in future disputes. Courts have held that trademark owners who fail to police their marks risk losing protection entirely. That's not a hypothetical risk.
A well-crafted cease and desist letter accomplishes three things:
- Creates a formal record that you identified the infringement and demanded it stop
- Gives the infringer a clear deadline, which strengthens your position if litigation follows
- Often resolves the dispute without a lawsuit — USPTO data indicates that a significant share of trademark disputes are resolved at the demand letter stage, before formal legal proceedings begin
This template is designed for:
- Business owners who discovered someone copying their brand name, logo, or slogan
- Brand managers monitoring trademark use across competitors and partners
- Attorneys who need a starting draft to customize for a client matter
- Freelancers and small business owners who've registered a trademark and need to enforce it without spending thousands on legal fees upfront
The Template
Copy this template and customize the bracketed fields for your situation.
[YOUR NAME OR COMPANY NAME] [Your Address, Line 1] [City, State, ZIP Code] [Your Email Address] [Your Phone Number] [Date]
VIA FIRST-CLASS MAIL
[Infringer's Full Legal Name or Business Name] [Infringer's Address, Line 1] [City, State, ZIP Code]
RE: Cease and Desist — Trademark Infringement of "[YOUR TRADEMARK]" (U.S. Reg. No. [XXXXXXXX])
Dear [Infringer's Name or "To Whom It May Concern"],
I. OWNERSHIP OF TRADEMARK RIGHTS
[Your Name / Company Name] is the owner of the federally registered trademark "[YOUR TRADEMARK]" (U.S. Registration No. [XXXXXXXX]), registered with the United States Patent and Trademark Office on [Registration Date] for use in connection with [describe goods/services covered by registration]. A copy of the registration certificate is enclosed for your reference.
II. YOUR INFRINGING CONDUCT
It has come to our attention that you are currently using a mark identical or confusingly similar to our registered trademark in connection with [describe the infringing use — e.g., "the sale of [product/service] under the name '[Infringing Mark]' on your website located at [URL], in your physical retail location at [address], and/or in advertising materials distributed on [platform/location]"]. This unauthorized use began on or around [Date First Observed].
Your use of this mark is likely to cause — and may already be causing — consumer confusion as to the source, sponsorship, affiliation, or endorsement of your goods or services. Such conduct constitutes trademark infringement under the Lanham Act, 15 U.S.C. § 1114, and may also constitute unfair competition under 15 U.S.C. § 1125(a).
III. DEMANDS
Accordingly, we hereby demand that you immediately:
- Cease all use of "[INFRINGING MARK]" and any mark confusingly similar to "[YOUR TRADEMARK]" in connection with any goods, services, advertising, signage, domain names, or social media accounts;
- Remove or destroy all materials, inventory, packaging, promotional content, and online listings that display the infringing mark;
- Transfer or surrender any domain names or social media handles incorporating our trademark to [Your Name / Company Name];
- Confirm in writing that you have complied with the above demands no later than [DEADLINE DATE — typically 10–14 business days from mailing].
IV. CONSEQUENCES OF NON-COMPLIANCE
If we do not receive written confirmation of your compliance by [DEADLINE DATE], we will have no choice but to pursue all available legal remedies, including but not limited to:
- Filing suit for trademark infringement in federal court
- Seeking injunctive relief to halt your infringing conduct immediately
- Seeking monetary damages, including actual damages, lost profits, and statutory damages up to $2,000,000 per counterfeit mark under 15 U.S.C. § 1117
- Seeking attorneys' fees in exceptional cases as permitted by law
This letter is not an exhaustive statement of our legal rights or remedies. All rights are expressly reserved.
V. NO WAIVER
Nothing in this letter constitutes a waiver of any rights, claims, or remedies available to [Your Name / Company Name], all of which are expressly reserved.
Sincerely,
[Your Signature] [Your Printed Name] [Title, if applicable] [Company Name, if applicable]
Enclosure: Copy of U.S. Trademark Registration No. [XXXXXXXX]
Section-by-Section Breakdown
Section I: Ownership of Trademark Rights
This section establishes that you have legal standing to send this letter. Without a registration number, the recipient has no way to verify your claim — and their attorney will tell them to ignore it.
What to include:
- The exact trademark as it appears on your USPTO registration
- Your registration number (find it at USPTO TESS)
- The registration date
- The class of goods or services covered
Example:
"WriteToMail Inc. is the owner of the federally registered trademark 'WRITETOMAIL' (U.S. Registration No. 6,123,456), registered on January 14, 2023, for use in connection with online mail delivery and document mailing services."
If your trademark is pending (not yet registered), you can still send a C&D based on common law rights — but note that your mark is "pending" rather than "registered," and cite your first use in commerce date instead.
Section II: Your Infringing Conduct
This is the heart of the letter. Vague accusations don't produce results. Specificity does.
Identify exactly what the infringer is doing, where, and since when. Screenshot everything before you send this letter. Courts care about documented evidence, not verbal descriptions.
Be specific about:
- The exact infringing mark or name they're using
- Where it appears (website URL, Amazon storefront, physical signage, app store listing)
- The date you first observed the infringement
- How it creates consumer confusion — same industry, similar customers, overlapping geography
Example:
"You are currently operating a business under the name 'WriteMail Pro' at writemailpro.com, offering online letter mailing services identical to those covered by our registration. This use began on or around March 2026 and is likely to cause consumer confusion with our brand."
Section III: Demands
List your demands clearly, numbered, and unambiguous. Don't bury your asks in paragraph text.
The standard demands in a trademark C&D are:
- Stop using the mark immediately
- Destroy or remove all infringing materials
- Transfer any domains or handles using your mark
- Provide written confirmation of compliance by a deadline
The deadline is important. Ten to fourteen business days is standard. Too short feels unreasonable; too long signals you're not serious.
Section IV: Consequences of Non-Compliance
This section tells the recipient what happens if they ignore you. Reference the actual statutory damages figure — up to $2,000,000 per counterfeit mark under 15 U.S.C. § 1117 for willful counterfeiting. Real numbers get attention.
Don't make threats you aren't prepared to follow through on. If you have no intention of filing suit, don't write "we will file suit." Courts and opposing counsel will notice the inconsistency later.
Section V: No Waiver
This boilerplate clause protects you. It signals that sending this letter doesn't forfeit any rights — you can still sue even after sending a C&D.
Customization Tips for Different Scenarios
Unregistered mark (common law trademark): Replace the registration language in Section I with: "Our company has used the mark '[YOUR MARK]' continuously in commerce since [DATE], establishing common law trademark rights in [geographic area and industry]. This prior use predates your adoption of the infringing mark."
Logo or design mark infringement: Add: "Enclosed is a copy of our registered design mark, U.S. Registration No. [XXXXXXXX], together with examples of your use of a confusingly similar design." Attach the images when mailing.
Domain name squatting: Section III should specifically demand transfer of the domain under UDRP (Uniform Domain-Name Dispute-Resolution Policy) in addition to or instead of filing federal suit.
Social media handle infringement: Name every specific platform and handle: "Your use of the handle '@writetomail_official' on Instagram, TikTok, and X (formerly Twitter) constitutes unauthorized use of our registered trademark."
Attorney-sent letter: If an attorney is sending this on behalf of a client, replace the sender block with the firm's letterhead and adjust the signature block. Attorney-sent letters carry added weight — research consistently shows that recipients are more likely to comply when the letter comes from a law firm. For law firms managing multiple client C&Ds, WriteToMail offers a dedicated workflow for law firm mailing that handles printing, postage, and USPS delivery at scale.
How to Use This Template: Quick-Start Guide
Getting this letter into the mail takes about ten minutes using WriteToMail. Here's the process:
Step 1: Gather your documentation Before drafting, collect your USPTO registration certificate, screenshots or printouts of the infringing use, and any prior communication you've had with the infringer.
Step 2: Draft your letter Use the template above, filling in every bracketed field. Alternatively, use WriteToMail's AI-powered letter drafting tool — describe the infringement in plain language and the AI will generate a customized draft based on your situation. You can then edit using the rich text editor.
Step 3: Review and finalize Read it aloud. Confirm the registration number is correct. Verify the deadline date. Check that the infringing conduct is described with enough specificity that a judge could understand it.
Step 4: Upload and mail Go to writetomail.com, paste your letter or upload a PDF, enter the recipient's address, and send. WriteToMail handles printing, envelope stuffing, postage, and USPS First-Class Mail delivery — no printer, no stamps, no post office trip required.
Step 5: Keep a record Save a copy of the final letter, the date you sent it, and the recipient's address. This paper trail becomes your evidence of notice if the matter proceeds to litigation.
If you need to send the same letter to multiple infringers — say, a network of resellers using your trademark without authorization — WriteToMail supports bulk mailing via CSV upload, where you can personalize each letter with variable fields (recipient name, infringing URL, etc.) and send to hundreds of recipients simultaneously.
Why Physical Mail Matters for Trademark Enforcement
Email is easy to ignore, easy to delete, and hard to prove was received. A physical letter sent via USPS First-Class Mail creates a documented record — a postmarked, addressed piece of correspondence that courts treat as notice.
Trademark disputes that proceed to litigation often hinge on when the infringer received notice and how they responded. Sending your cease and desist as a physical letter establishes that timeline clearly. If you want to understand the full legal weight of this approach, what a cease and desist letter is and when to send one is worth reading before you finalize your approach.
Some senders choose to send certified mail for proof of delivery. WriteToMail's standard First-Class Mail service provides a timestamped sending record on your end, which is sufficient for most trademark enforcement purposes.
Common Mistakes to Avoid
Making unverifiable claims. If you say "you have been infringing since January 2024," you need evidence of that date. Don't guess.
Setting an unrealistic deadline. Ten business days is reasonable. Two days looks aggressive to a judge and gives the recipient grounds to claim they had no opportunity to comply.
Threatening claims you can't support. Don't reference criminal liability for civil trademark infringement — it undermines your credibility.
Sending only by email. A cease and desist letter for trademark infringement should arrive as physical mail. The formality signals seriousness. For a deeper look at how to approach the full mailing process, this guide on how to send a cease and desist letter covers the mechanics in detail.
Not enclosing your registration certificate. Always include it. The registration number in your letter should match the document you enclose.
Sources
- USPTO — Trademark Search (TESS) — used to locate and verify trademark registration numbers and registration dates
- 15 U.S.C. § 1114 — Lanham Act, Trademark Infringement — federal statute cited in the template for trademark infringement claims
- 15 U.S.C. § 1117 — Lanham Act, Monetary Relief — source for the $2,000,000 statutory damages figure cited in Section IV
- 15 U.S.C. § 1125(a) — Lanham Act, Unfair Competition — federal statute cited in the template for unfair competition claims
- ICANN — UDRP (Uniform Domain-Name Dispute-Resolution Policy) — referenced for domain name dispute resolution in the customization section
- United States Patent and Trademark Office (USPTO) — general source for trademark registration data and enforcement guidance
- American Bar Association — referenced regarding attorney-sent letters and compliance rates in trademark disputes
