Receiving a trademark infringement letter can be stressful. These letters often demand that you stop using a business name, logo, or branding element and may threaten legal action if you do not comply. How you respond—and how quickly—can affect your legal position.
At Jafari Law Group, we help clients on both sides of these disputes. Whether you received a letter or are considering sending one, understanding how infringement letters work can help you avoid costly mistakes.
What Is a Trademark Infringement Letter?
A trademark infringement letter, often called a cease and desist letter, is a written demand from a trademark owner asserting that your use of a mark violates their trademark rights. The letter usually asks you to stop using the mark and may request additional actions, such as:
- Changing your business or brand name
- Taking down websites or social media pages
- Transferring domain names
- Providing written confirmation of compliance
These letters are not court orders, but they should not be ignored. They often serve as a precursor to legal action.
Why Trademark Infringement Letters Are Sent
Trademark owners send infringement letters to protect their rights and avoid claims that they failed to enforce their trademark. Common reasons include:
- Belief that your mark is confusingly similar
- Overlapping goods or services
- Use of a similar logo, slogan, or domain name
- Online activity that may mislead consumers
Some letters are well-founded. Others are overly aggressive or based on weak claims.
What to Do If You Receive an Infringement Letter
Do Not Ignore the Letter
Failing to respond can escalate the dispute. Silence may be used against you if the matter moves forward.
Do Not Admit Fault or Agree Immediately
Responding without legal review can create unnecessary risk. Admissions, changes, or promises may limit your options later.
Review the Claim Carefully
Key questions include:
- Is the sender’s trademark registered or only claimed?
- How similar are the marks in appearance, sound, and meaning?
- Are the goods or services related?
- Who used the mark first, and where?
Trademark infringement depends on likelihood of confusion, not just name similarity.
Preserve Evidence
Save records showing when and how you began using the mark, including websites, invoices, advertisements, and business filings.
Possible Response Options
Your response strategy depends on the facts. Options may include:
- Challenging the claim if the sender’s rights are weak
- Negotiating coexistence or limited use
- Modifying branding to reduce risk
- Agreeing to stop use when the claim is strong
Each option has legal and business consequences that should be evaluated carefully.
Risks of Sending an Infringement Letter
If you are the trademark owner considering sending a letter, caution is required. Poorly drafted or aggressive letters can backfire and expose you to:
- Declaratory judgment lawsuits
- Claims of unfair competition
- Accusations of bad faith enforcement
A properly drafted letter should be accurate, measured, and supported by legal analysis.
When to Speak With an Attorney
Trademark infringement letters involve strategy, timing, and risk. Whether you received a letter or are preparing to send one, legal guidance can help protect your position.
At Jafari Law Group, we assist clients with evaluating infringement claims, drafting responses, and pursuing enforcement when appropriate. We offer a free consultation to discuss your situation and help you decide the next step.
Contact Jafari Law Group today to speak with an attorney about trademark infringement letters and brand protection.