Before issuing this trademark cease and desist letter it is important to consider the possible consequences.
Have a look at our Cease and Desist Letter guidelines and consult with your trademark attorney to advise on your best course of action.
Your trademark name will replace [Firstcat] on the sample letter with the infringing mark being the [Copycat] name.
We are the proprietor of trademark registration no. _____________________. Details of this registration are set out on the attached schedule, marked "A".
Widespread use of the [Firstcat] trade mark has been made, to the extent that this trademark has acquired an extensive reputation and goodwill. The [Firstcat] trademark is, accordingly, also a well-known mark for all relevant purposes of trademark law.
It has come to our attention that you are using and/or have applied to register the [Copycat] trademark. [Delete as appropriate]
This trademark is confusingly and/or deceptively similar to our [Firstcat] trademark and also constitutes a reproduction or imitation thereof.
In the circumstances, your use of the [Copycat] trademark will constitute an infringement of our registered and common law rights.
In the circumstances, we demand that you immediately:
1. cease all use of the trademark [Copycat];
2. deliver-up for destruction all material to which the [Copycat] trademark or any other mark confusingly or deceptively similar to our trademark has been applied;
3. withdraw, cancel and/or delete any corporate names, domain names, trademark applications and/or trademark registrations for or including the [Copycat] trademark;
4. undertake, in writing, never in future to make any use of the [Copycat] trademark without prior written authority from us, whether within any corporate name, trading name, trading style, domain name or otherwise.
We await to hear from you by no later than close of business on __________________________.
This is written without prejudice to our rights, all of which are hereby expressly reserved.
The trademark cease and desist letter can be used as a template but is not intended as a substitute for consultation with your trademark attorney.