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How to Write a Trademark Infringement Cease and Desist Letter Step 1 ? Fill Out the Letterhead & Delivery Information. ... Step 2 ? Include the Details of the Infringement. ... Step 3 ? Show Proof of Your Trademark Rights. ... Step 4 ? Provide a time frame for the infringing party to stop using the trademark.
Brand infringement could include an online retailer selling electronics and using a name, logo, or design similar to that of Apple, which might lead consumers to believe they are purchasing products directly from Apple or an authorized reseller.
Responding to a cease and desist letter Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.
Use a physical address and snail mail that will provide proof of receipt, such as registered or certified mail. If you later have proof that the recipient ignored a cease and desist letter, it could strengthen your case that the infringement was willful, which could entitle you to monetary damages in litigation.
(b) You may respond by requesting more specific evidence as to why the trademark owner believes you are infringing its mark, including exploring dates of first use, whether the mark is federally registered, and the geographic areas where the mark has been used.