Trademark Cease-and-Desist Letter: Sending One or Responding to One
A trademark cease-and-desist letter demands that someone stop using a name or mark that you say is confusingly similar to yours. Most are resolved by agreement, but a poorly written letter can start the fight it was meant to prevent. Jonathan Phillips drafts these letters for brand owners and answers them for businesses that receive one.
At a glance
Who sends them: Owners of registered or well-used marks, and their lawyers.
What they demand: Stop using the mark, take down listings or domains, and sometimes pay or hand over inventory.
Legal force: The letter itself is not a court order. It is a warning that a lawsuit or complaint may follow.
First deadline to watch: The date stated in the letter, often 10 to 14 days. Read it before you decide anything else.
If you are sending a letter
What should it say?
Identify your mark, your registration if you have one, and how long you have used it.
Describe the other side's use specifically, with dates and screenshots.
Explain, in plain terms, why you think customers would be confused.
State what you want and by when.
Stay accurate. Overstating your rights can backfire.
What can go wrong?
The recipient files first. A threatening letter can let the other side bring its own suit in its home court, before you choose your forum.
Overreach. Claiming rights you do not have, or targeting lawful resale or descriptive use, invites a counterclaim and public criticism.
Silence is not consent, but delay can hurt. A letter that is never followed up weakens your next one.
If you received a letter
What should I do first?
Do not ignore it, and do not reply in anger. Preserve your records, do not delete listings or files, and do not admit anything. Then look at the claim itself: who used the mark first, how similar the names and goods are, and where each business operates.
What are my options?
Comply: Change the name or stop the use, ideally on terms that give you time to transition.
Negotiate: A coexistence agreement can let both businesses keep operating, with limits.
Respond and decline: A short, factual letter explaining why you do not infringe.
Challenge the mark: If the sender's registration is weak, a cancellation may be an option. See trademark opposition and cancellation.
Seek a declaratory ruling: In some cases you can ask a court to decide first.
Do nothing: Rarely wise. A real claim can escalate to a lawsuit with a damages demand.
What happens if a letter does not work?
The usual next steps are a marketplace or domain complaint, an opposition or cancellation, or a federal lawsuit. See marketplace and domain takedowns, and Northern District of Illinois litigation or federal IP litigation nationwide. If you run an online store and were named in a multi-defendant brand-owner case rather than a letter, see Schedule A defense.
What to do in the first week
Note the deadline in the letter and the date you received it.
Keep the letter, envelope, email, and any attachments.
Do not reply to the sender or post about the dispute publicly.
Gather your own records: when you started using the name, sales, and advertising.
Book a short consultation to choose between complying, negotiating, and responding.
How Jonathan handles cease-and-desist matters
Jonathan has filed, maintained, and enforced trademark portfolios of hundreds of marks, from small startups to large companies with many marks, and has sent and answered many demand letters. He has handled [N] trademark matters. Flat fees and payment plans are available for most letters and responses. Prior results do not guarantee a similar outcome.
Frequently asked questions
Do I have to answer a cease-and-desist letter? There is no legal duty to reply, but ignoring a serious letter often leads to a lawsuit. A short, careful response is usually better.
Can I send a letter without a registered trademark? Yes, if you have common-law rights, but a registration makes the letter stronger. See federal trademark registration.
Is a cease-and-desist letter a lawsuit? No. It is a demand sent before a lawsuit, and it has no court deadline attached to it.
What does it cost? Flat fees and payment plans are available for most letters and responses. Litigation is quoted separately.
Should I send one at all? Sometimes a platform report is faster. See trademark policing and brand protection.
Jonathan L.A. Phillips, Brown, Hay & Stephens, LLP. Part of the Trademark hub. Last reviewed October 2026. Prior results do not guarantee a similar outcome.