Cease and Desist Letter for Trademark Infringement (Free Template)

A trademark cease and desist letter tells a person or business that they appear to be infringing your mark and asks them to stop by a set date. A good letter identifies your registered rights, describes the infringing use precisely, backs it with evidence, lists what you want done and sets a deadline. It is not a court order, and it can prompt a legal response, so it has to be accurate.

This page gives you a reusable template, explains what each part does, covers delivery and what to do if the letter is ignored, and sets out when a marketplace report is the better tool and when to bring in counsel. It is general information, not legal advice.

When a letter is the right tool

A cease and desist letter is one option among several. For a single listing on a large marketplace, the platform's reporting tool is usually faster: it removes the listing without depending on the seller's goodwill. A letter is more useful when:

• The infringer runs its own web shop, where no marketplace can remove the listing for you.
• The same seller operates on several platforms and you want one demand that covers all of them.
• A seller keeps relisting after removals.
• You want a written record that the other party was told about your rights, which can matter if the case goes further.

Before you write, check that you have a case: that your mark covers the goods in question and that the use is likely to confuse buyers. Our guide to what trademark infringement is explains the test.

The template

Copy the letter below and replace every bracketed field. Remove any paragraph that does not apply.

[Your company name]
[Address], [Email], [Phone]

[Date]

To: [Recipient name or store name]
[Recipient address or email, as shown on the listing or seller profile]

Re: Infringement of the [BRAND] trademark, Reg. No. [number]

Dear [Name or Sir or Madam],

We are [company name], the owner of the trademark [BRAND], registered with [trademark office, e.g. the United States Patent and Trademark Office] under registration number [number] for [goods, e.g. outdoor clothing in class 25]. We have used this mark in commerce since [year], and it identifies our products to customers.

It has come to our attention that you are offering products under [the BRAND name / a logo identical to ours / the name [NAME]] at the following locations:

1. [Listing URL], listing ID [ID], captured on [date]
2. [Listing URL], listing ID [ID], captured on [date]

[Choose one: These products are not genuine [BRAND] products and were not made or authorized by us. / Your use of this name on identical goods is likely to cause customers to believe that your products come from, or are approved by, our company.] We did not authorize this use.

We therefore ask that you, by [date, e.g. 14 days from this letter]:

1. Stop using the [BRAND] mark, and any confusingly similar mark, in connection with the products described above;
2. Remove or edit the listings identified above, and any other listings using the mark;
3. [Optional: Tell us how many units you have sold and where you obtained them;]
4. Confirm in writing that you have done so.

This letter is sent without prejudice to our rights, all of which are reserved. We would prefer to resolve this matter without further action. Please reply to [email] by the date above.

Sincerely,

[Name]
[Title], [Company name]

What each part does

Part	Purpose	Tips
Sender details	Shows who owns the right and how to reply	Use a business address and a monitored email
Subject line	Names the right at stake	Include the registration number
Statement of rights	Establishes ownership and scope	Name the office, number and the goods covered
Description of the use	Pins down exactly what infringes	List each URL and ID with the capture date
Why it infringes	Connects the use to confusion or counterfeiting	Say "not genuine" only if you can prove it
Demands	Tells the recipient what will resolve the matter	Keep them specific and reasonable
Deadline	Creates a clear point to follow up	Choose a short, reasonable period, such as 14 days
Reservation of rights	Makes clear you are not waiving anything	Keep it short and factual

How to deliver it

You need an address the recipient actually reads and proof that the letter arrived.

1. Find the seller's contact details. In the US, the INFORM Consumers Act requires online marketplaces to disclose the name, physical address and contact details of high-volume sellers with $20,000 or more in annual sales on the platform. In the EU, the Digital Services Act requires marketplaces to show trader contact information. Check the seller profile first.
2. Send by email and by tracked post when you have both. Email is fast, and a tracked letter gives you proof of delivery.
3. Check the marketplace's rules before using its messaging system. Platforms often limit what sellers and third parties can send through it.
4. Keep a copy of the letter, the attachments and the delivery proof, with the date.

Mistakes to avoid

• Claiming more than you own. A mark registered for clothing does not automatically cover kitchenware. Stay within your registration.
• Calling genuine goods counterfeit. A reseller of genuine products is not a counterfeiter, and saying otherwise weakens your position.
• Threats you will not carry out. Promising a lawsuit you will not file teaches the recipient to ignore you.
• An aggressive tone. Letters get forwarded and posted online. A calm, factual letter is harder to criticize and easier to comply with.
• Ignoring local rules. Some countries restrict unjustified threats of infringement proceedings. The UK, for example, lets a person harmed by an unjustified threat about a trade mark seek a court remedy.

If the letter is ignored

Silence is common, especially from marketplace sellers based in another country. A practical sequence:

1. Send one follow-up after the deadline, referring to the first letter and its date.
2. Report the listings to each marketplace through its IP program, and mention that the seller was notified. A platform decision does not depend on the seller replying.
3. Check whether the listings come back under new IDs or stores, and record each one.
4. Speak with counsel if the seller is causing real harm, is based where you can enforce, or keeps returning.

Marketplace reports as an alternative

For listings on large marketplaces, the platform's reporting tool is usually the first step, not the last. Amazon has Brand Registry's Report a Violation tool and a public Report Infringement form, eBay has the Verified Rights Owner (VeRO) program with its Notice of Claimed Infringement, and most other platforms have their own IP portals. They are free, they do not require the seller's cooperation, and they act on the listing directly. For copied photos or descriptions, a DMCA takedown notice or the platform's copyright report is often the simplest route.

When to involve counsel

A letter you write yourself is fine for a clear case against a small seller. Bring in a trademark attorney when:

• The recipient disputes your rights or claims earlier use of the mark.
• The recipient is a large or well-advised business.
• You are prepared to sue, or you want to preserve claims for damages.
• The infringement crosses borders, and you need advice on where to act.
• You have received a response from a lawyer.

How Valigard helps

Valigard helps you prepare the evidence a letter relies on. It searches marketplaces worldwide for listings that reuse your official product photos, keeps the listing URL, title, price, seller name and store page for each one, and saves a timestamped copy of the page. A seller look-up adds details about who is behind a store, and an evidence pack exports the record as a PDF.

Valigard does not send legal letters or act as a law firm. It prepares a takedown notice draft and report text you can adapt, and you decide what to send and where.