Cease and desist letter
A formal demand that someone stop using your mark.
Usually the first enforcement step, sent before any court or Board proceeding. It states your rights, identifies the conduct and asks for it to stop by a date. Sending one badly can weaken your position, so the wording matters more than most people expect.
Why it matters to your application
The first real exercise of the rights you registered. It is also the point at which a strong position can be damaged by a badly written letter: overclaim what you own and you invite a challenge, threaten what you are not prepared to do and you teach the other side you are bluffing.
In order
- Confirm what you actually own: the mark as registered, in the classes registered, and where your rights reach.
- Document the infringing use before contact - screenshots, listings, dates. It can disappear the moment you make contact.
- Decide what outcome you actually want. Stopping the use, a transfer of a domain or handle, and money are different asks with different likelihoods.
- Have the letter written carefully. A demand that overstates your rights can prompt the recipient to seek a declaration that they are not infringing, which puts you in a dispute you did not choose.
How this plays out
An owner sends an angry letter claiming exclusive rights to a word that is disclaimed in their own registration. The recipient's lawyer reads the registration, sees the disclaimer, and replies refusing to stop. The owner's real rights were never the problem - the letter was.
About cease and desist letter
Do I need a lawyer to send a cease and desist letter?
Not strictly, but the wording carries real consequences. A letter that overstates your rights can weaken your position in any dispute that follows.
What if they ignore it?
The next steps are escalation routes such as marketplace takedowns, a TTAB proceeding where registration is at issue, or court action. Deciding how far you are willing to go before you send the letter is the useful part.
Can I send one before my mark is registered?
You can assert common law rights, but the letter is far weaker. A registration is what turns a request into a credible demand.
General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.
Others you will meet at this stage
Madrid Protocol
A treaty for extending your mark to other countries.
After registrationRegistration symbol
The R in a circle. Only for registered marks.
After registrationSection 8 declaration
Proof you are still using the mark, or it gets cancelled.
After registrationSection 15 declaration
Optional filing that makes your registration much harder to attack.
After registration