Cease and Desist (Trademark Infringement)
This Cease and Desist (Trademark Infringement) Letter is a variation of a formal letter sent to an individual or business requesting they stop engaging in actions that infringe your trade mark rights.
4.3 (8 reviews)
Last updated December 19, 2024
Under 5 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
This variation of a Cease and Desist Letter is specific to cases involving a trademark infringement. This letter is sent to an individual or business engaging in actions that infringe your trademark rights ( e.g. use of logo, brand name), and acts as a formal request that the recipient stop carrying out those actions.
Use this Cease and Desist (Trademark Infringement) if:
- An individual or business is a trademark that is substantially identical or deceptively similar to yours;
- An individual or business is using your trademark without your authority
What does the Cease and Desist (Trademark Infringement) cover?
- An outline of your demand;
- Ownership details of your trade mark;
- Details of the infringement;
- Your intention to take further legal action (if applicable).
Other names for Cease and Desist (Trademark Infringement) include:
- Cease and Desist Letter;
- Trademark infringement Cease and Desist Letter;
- Trademark Cease and Desist Letter.
Further information:
The Legal Risk Score of a Cease and Desist (Trademark Infringement) Template
Our legal team have marked this document as low risk considering:
- The document does not specify the exact number of days within which the recipient must cease and desist, which could lead to uncertainties in enforcement timelines.
- The letter mentions a trademark infringement but does not clearly identify the specific trademarks involved, potentially leading to confusion about the exact nature of the infringement.
- While the letter mentions infringement and potential violation of the Trade Marks Act 1995 (Cth), it does not detail the possible legal consequences or actions that could follow if the recipient fails to comply, which might not fully inform the recipient of the seriousness of the situation.
Cease and Desist (Trademark Infringement) Checklist
Complete your free Cease and Desist (Trademark Infringement) with our checklist
Ensure Accurate Delivery
Verify that the cease and desist letter is sent to the correct address of the infringer to ensure it is received.
Specify Compliance Deadline
Clearly define and include the specific number of days within which the recipient must cease the infringing activities.
Document All Communications
Keep a record of all correspondence and responses related to the cease and desist notice for future reference.
Review by Legal Professional
Have the document reviewed by a lawyer on the Lawpath platform to ensure all legal bases are covered and the letter is enforceable.
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