What if they ignore it?

You either follow through (file suit, file complaint with USPTO/etc.) or stop. Sending a second letter usually achieves nothing. Many recipients call your bluff if you don't escalate.

Can I send one without a registered trademark or copyright?

Yes for common-law trademark rights or unpublished copyrighted works, but your leverage is weaker. Federal registration (trademark) or copyright registration before infringement enables statutory damages and attorneys' fees.

Could the recipient sue me back?

Possibly — for "tortious interference" or defamation if your accusations are demonstrably false. Be careful with the language; stick to verifiable facts and don't make accusations you can't support.

Cease and Desist Letter

Formal demand to stop infringing or harmful conduct — IP infringement, defamation, harassment, breach of contract.

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May 4, 2026

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

John Smith
456 Oak Ave, Austin, TX 78701

Re: Cease and Desist — unauthorized use of a registered trademark belonging to my client

Dear John:

I am writing on behalf of Acme Corp. ("Sender") regarding unauthorized use of a registered trademark belonging to my client on your part. The relevant facts are as follows:

On March 15, 2026, you began using the mark "AcmeBrand" on your website www.example.com without authorization. Acme Corp. has held a federal trademark registration for "AcmeBrand" since 2018 (USPTO Reg. No. 5,123,456) for use with software services.

This conduct is causing ongoing harm to Acme Corp. and constitutes a violation of applicable law. Acme Corp. has not consented to your conduct and now demands that you take the following actions:

(1) Immediately cease all use of the mark "AcmeBrand"; (2) remove the mark from your website, marketing materials, and social media profiles; (3) confirm in writing within 14 days that you have complied.

You must comply with these demands within 14 days of receipt of this letter (the "Deadline"). If you fail to comply by the Deadline, Acme Corp. reserves all rights to pursue all available remedies, including without limitation:
- Filing a civil lawsuit seeking injunctive relief and monetary damages;
- Recovering attorneys' fees and costs to the extent permitted by law or contract;
- Reporting the matter to relevant law-enforcement or regulatory authorities;
- Pursuing any other remedy available at law or in equity.

This letter is sent without waiver of any of Acme Corp.'s rights, all of which are expressly reserved. Nothing in this letter should be construed as a settlement offer or as conduct admitting liability.

Please direct your response in writing to me at the address below by the Deadline.

Sincerely,

_____________________________
Acme Corp.
123 Main St, San Francisco, CA 94103

cc: File

About this template

A cease and desist letter is the standard first step before litigation. It does three things: (1) creates a paper trail showing you tried to resolve the issue informally, (2) puts the recipient on notice (which is required for some claims, like willful trademark infringement that increases damages), and (3) often actually works — most recipients comply rather than face a lawsuit. The letter has no legal force on its own; it's a demand backed by the implicit threat of suit. The key is specificity: vague accusations are easy to dismiss, but documented dates, screenshots, and exact quotes force the recipient to either comply or build a defense. Avoid empty threats — if you say "we will sue in 14 days," and they ignore it, you should actually be prepared to sue. Bluffing weakens your position in any future negotiation.

When to use it

Trademark or copyright infringement (someone using your brand or copying your work).
Defamation — false statements published about you or your business.
Harassment — persistent unwanted contact or threatening behavior.
Breach of contract — clear violation of agreed terms.
Before filing a lawsuit (often required to recover attorneys' fees in IP cases).

What to include

Clear identification of the conduct with dates, locations, and evidence.
Specific demand — what you want them to stop doing AND any affirmative steps.
Deadline (typically 7–14 days; longer for international recipients).
Consequences for non-compliance (lawsuit, regulatory complaint, etc.).
Reservation of rights ("without waiving any rights").
Method of delivery — certified mail with return receipt creates proof of receipt.

Frequently asked

No, but having one sign it dramatically increases compliance rates. A self-sent letter signals you're not yet serious about litigation; a lawyer letter signals you are.

⚠ Legal disclaimer. This template is provided for informational purposes only and is not a substitute for legal advice from a qualified attorney. Always consult a licensed professional before using this document for any binding agreement.