Letter · Intellectual Property — Patents, Trade Marks, Copyright, Designs

Trademark cease and desist letter

Letter asking a person to stop a use that may infringe a trademark or create a false designation of origin. It identifies the mark and the registration to be checked. It does not state that infringement has been decided.

Kind
Letter. A letter or email you adapt and send.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when a client wants a first written demand about a mark used in US commerce. Do not use it to allege unregistered trade dress unless non-functionality is in the file. Do not send it until each registration number has been read on the current USPTO record.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may place the mark, the registration number and the complained-of use into this letter from the file. The lawyer checks the register, the likelihood-of-confusion facts and the tone before the letter is sent.

AI may

  • Fill the mark, the goods or services, and the registration number from a record the lawyer has opened
  • List the dates, URLs and specimens in the file under the description heading
  • Compare a draft with this letter and flag any sentence that states infringement as a concluded fact

AI must not

  • Must not state that a court would find infringement, dilution or a false designation
  • Must not invent a registration number, a class, or a USPTO search link
  • Must not add a trade-dress allegation, or a demand for a stated sum of profits or damages

The lawyer checks

  • Each registration number and the goods or services match the current USPTO record
  • The letter describes the use and the statute that may apply, and does not declare that infringement has occurred
  • Any profits or damages point under § 1114(1)(b) is made only if the knowledge element is supported

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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