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
- Draft a trade mark cease-and-desist letter and verify each registration number against an IP Australia extract
- Draft a cease-and-desist letter for IP infringement
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.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Intellectual Property — Patents, Trade Marks, Copyright, Designs
- Application to register a trade mark (IP Australia)
- Trade mark non-use evidence schedule
- Trade mark clearance search report and filing recommendation
- Trade mark licence agreement (authorised user, with quality control)
- DMCA notice of claimed infringement
- USPTO statement of use
- USPTO base trademark application in Trademark Center
- Copyright subsistence, ownership and overlap comparison
- Request for full assignment or transmission of a trade mark (IP Australia)
- IP infringement letter of demand (trade mark, copyright, design, patent) with unjustified-threats check
- Response to an IP infringement letter of demand (with unjustified threats position)
- PTO/AIA/14 application data sheet for a utility or design application
- USPTO Section 8 declaration of use
- Design comparison before lodgement or allegation
- Application for a hearing (IP Australia)
- Invention disclosure and confidentiality record (before a patent filing)
- Deed of assignment of intellectual property (with moral rights consent)
- PTO/AIA/01 inventor declaration for a utility or design application
- Short-form copyright assignment
- US Copyright Office registration
- Exclusive copyright licence agreement (signed in writing to meet the Copyright Act definition)
- Patent extension of time under section 223 (IP Australia)
- Research collaboration contract (Australian IP Toolkit for Collaboration and HERC IP Framework) — use guide
- Prior-art table for a standard patent
- Work made for hire clause
- Clause set: ownership of AI-generated output and training-data rights (with warranties and indemnities)
- Notice of objection preparation checklist
- Memo: AI contribution, inventorship and authorship before filing
- Copyright chain of title record
All precedents for Intellectual Property — Patents, Trade Marks, Copyright, Designs · Tasks and AI use in this area