The Service
What a cease and desist letter actually does.
A cease and desist letter is a formal legal demand sent by an attorney on your behalf to a party who is infringing on your trademark. It puts the infringer on official notice that you are aware of their use, that you assert your trademark rights, and that you demand they stop using the mark immediately. It is typically the first step in trademark enforcement and is often the only step required.
Many infringers, particularly smaller businesses and individuals, are not aware they are infringing or assume the risk of continuing is low. A letter from an attorney changes that calculation significantly. It creates a record that the infringer had actual notice of your rights, which matters if the situation escalates to litigation. It also gives the infringer a documented opportunity to comply voluntarily, which is faster and far less expensive than any legal proceeding.
The strength of your cease and desist letter depends directly on the strength of your trademark rights. A letter backed by a federal registration carries legal weight that a letter based only on common law use does not. If you have a registered trademark, the infringer cannot claim they did not know your mark existed. The registration is constructive notice to the entire country.
Armani drafts each letter to the specific facts of your situation. The letter documents your trademark rights, identifies the infringing use, explains why it constitutes infringement, and states the specific demands: cease all use of the infringing mark, destroy infringing materials, and confirm compliance in writing by a stated deadline.
What's Included
Everything in the flat fee.
Who It's For
For anyone whose trademark is being used without permission.
A cease and desist letter is appropriate any time another party is using a mark that is confusingly similar to yours in a way that is likely to cause consumer confusion. These are the most common situations.
Process
From intake to letter delivered, step by step.
Submit details about your trademark rights, the infringer's identity and contact information, and the specific infringing use you have identified. The more detail you provide, the faster Armani can assess your situation.
Armani reviews your trademark registration or evidence of use, the infringer's mark and the context of their use, and the strength of your infringement claim. She advises on the likely outcome before the letter is sent.
Armani drafts the cease and desist letter specific to your situation. You review it before it is sent to confirm the facts are accurate and the demands reflect what you want to achieve.
The letter is delivered to the infringing party on attorney letterhead via the appropriate method. You receive a copy for your records along with confirmation of delivery.
Armani advises on how to handle the infringer's response, whether they comply, push back, or ignore the letter entirely. If the situation requires escalation, she maps out the available options.
Pricing
Flat fee. No government filing fees.
Premium Filing clients receive a discounted rate. If you enrolled in the Premium + Monitoring package, cease and desist letters are available at a reduced rate. Contact Armani directly to confirm your discounted pricing. No government filing fees apply to a cease and desist letter.
Get Started
Someone is using your mark. Start here.
Complete the intake form below with details about your trademark and the infringing use. Armani will review your situation and advise on the strength of your claim before any letter is drafted.
FAQ
Questions about cease and desist letters.
No, but a registered trademark makes the letter significantly more effective. Common law trademark rights arise from actual use in commerce, and those rights can support a cease and desist demand even without federal registration. However, a registered trademark puts the entire country on constructive notice of your rights, removes any claim that the infringer did not know your mark existed, and gives you access to federal court remedies including statutory damages. If you do not have a registration and are dealing with an infringer, it may be worth filing for registration at the same time as sending the letter.
If the infringer ignores the letter or refuses to comply, the next steps typically include filing an opposition or cancellation proceeding at the USPTO if they have a pending or registered trademark, or pursuing a federal trademark infringement lawsuit. These escalation options are more expensive and time-consuming than the cease and desist process, but the letter itself creates a record that the infringer had actual notice of your rights and continued infringing anyway, which strengthens your position in any subsequent legal proceeding. Armani advises on the most appropriate next step based on your specific situation.
In rare circumstances, a recipient of a cease and desist letter can file a declaratory judgment action seeking a court ruling that they are not infringing. This is uncommon and typically only occurs when the infringer has strong grounds to believe their use is lawful and wants to resolve the uncertainty in court. A well-drafted letter based on a solid legal position makes this outcome far less likely. Armani assesses the strength of your claim before drafting so the letter accurately reflects your rights and does not overreach.
Once Armani receives your intake form and all relevant information, a cease and desist letter can typically be drafted and ready for your review within a few business days. If the situation is urgent, contact Armani directly through the consultation form to discuss an expedited timeline. The intake form asks for all the information needed to move quickly.
A cease and desist letter is a private demand sent directly to the infringer. It does not involve any government agency and has no formal legal filing. An opposition is a formal proceeding filed with the USPTO's Trademark Trial and Appeal Board to challenge a trademark application that was published for opposition. If the infringer has a pending trademark application that conflicts with yours, a cease and desist letter and a USPTO opposition are sometimes used together: the letter demands they stop using the mark commercially while the opposition prevents the application from registering. Armani advises on which approach or combination is most appropriate for your situation.
This service is focused on helping trademark owners send cease and desist letters, not on defending against them. If you received a cease and desist letter, you need an attorney who can review the sender's trademark rights, assess whether the claim is valid, and advise on your options. Contact Armani through the consultation form to discuss your situation and she will advise on whether she can assist or refer you to appropriate counsel.