Send or Answer a Trademark Cease and Desist Letter the Right Way
A trademark cease and desist letter is a formal demand to stop using a confusingly similar mark. Keough Law sends letters that stop infringers and answers letters you receive—for businesses nationwide—often resolving disputes without a lawsuit.
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One letter can end a dispute—or start one
A well-built letter often stops an infringer in weeks for a fraction of the cost of litigation. A careless one can invite a declaratory judgment lawsuit, public backlash, or a counterclaim that puts your own mark at risk.
On the receiving end, the wrong reply—or no reply—can turn a negotiable dispute into a lawsuit. Either way, the letter should be written with the next step in mind. See our trademark infringement practice.
- A competitor launched a confusingly similar name.
- Someone filed a USPTO application close to yours.
- You received a demand to rebrand.
- A platform listing or domain uses your mark.
Sending, receiving, and resolving
The same questions decide every cease and desist dispute: who has the rights, how strong they are, and what outcome serves your business.
Sending a letter
Puts the infringer on notice, documents willfulness, and often ends the problem without a lawsuit.
Responding to a letter
Evaluates whether the sender actually has priority and a real likelihood-of-confusion claim before you change anything.
Rights & priority
Who used the mark first, where, and for what goods or services—registered or not—usually decides the dispute.
Resolution options
Rebrand on a timeline, a coexistence agreement, a license, or a firm rejection when the claim doesn’t hold up.
Firm, accurate, and proportionate
Template letters overstate rights and threaten remedies that don't apply. Recipients—and their lawyers—spot that immediately.
A credible letter shows you know your rights and are prepared to enforce them, while leaving room for a business solution.
Loud and vague
- Threats it can’t back up
- No priority or use dates
- Unrealistic deadlines
- Invites a declaratory suit
Precise and credible
- Rights and dates documented
- Specific confusion evidence
- Clear, achievable demands
- A path to a written agreement
Infringers stopped—without trial
Keough Law has secured the abandonment of an infringer's trademark application and the discontinuation of the infringing mark through a negotiated settlement. Prior results do not guarantee a similar outcome.
“A competitor copied our name. Shaun's letter was firm but professional, and they rebranded within a month.”
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Trademark Client
From letter to resolution
Assess the rights
We review registrations, first-use dates, and the marketplace to see who has the stronger position.
Choose the tone
A firm demand, a friendly notice, or a measured reply—matched to the facts and your business goals.
Send or respond
We draft a precise letter that states the rights, the problem, and a clear path to resolution.
Resolve or escalate
Most disputes end in a written agreement. If not, we’re ready for TTAB proceedings or federal court.
A letter costs less than a lawsuit
Letters are scoped up front, so you know the cost before we write. If the dispute escalates, we'll discuss the options and budget before taking the next step.
Your free initial consultation is general only—a chance for us to understand your situation and whether it's a matter we can take on.
Letters backed by follow-through
You work directly with Shaun Keough. When a letter isn't enough, we take it further through TTAB proceedings, domain disputes, or federal court. For copyright demands, see copyright infringement defense.
Cease and desist questions
What should a trademark cease and desist letter include?
An effective letter identifies your mark and registration or first-use date, describes the infringing use, explains why it is likely to cause confusion, and states what you want—such as stopping use, abandoning an application, or transferring a domain—with a reasonable deadline. It should be accurate and measured, because overreaching letters can backfire.
I received a cease and desist letter. Do I have to stop using my brand?
Not automatically. A letter is a demand, not a court order. The sender may lack priority, the marks may not be confusingly similar, or the goods may be unrelated. Don’t ignore it, and don’t respond on your own before having it reviewed—what you say can be used later.
Can sending a cease and desist letter backfire?
Yes. A letter can prompt the recipient to file a declaratory judgment action in a court of their choosing, and aggressive or inaccurate letters can draw public backlash. That is why we evaluate your rights and the recipient’s likely reaction before sending anything.
What is a coexistence agreement?
A coexistence agreement is a contract where two businesses agree on how each may use similar marks—often limited by product category, geography, or styling—to avoid confusion. It can resolve a dispute without a rebrand and may help an application overcome a likelihood-of-confusion refusal.
What happens if the other side ignores my letter?
The letter still helps: it documents notice, which can support a willfulness finding. Next steps can include a follow-up demand, a TTAB opposition or cancellation if the other side has filed or registered a mark, a platform or domain complaint, or a federal infringement lawsuit.
Ready to protect
what you've built?
Schedule a free initial consultation. We'll learn about your situation and whether it's a matter we can take on.