Trademark Cease And Desist Letter Template for England and Wales

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Key Requirements PROMPT example:

Trademark Cease And Desist Letter

"I need a Trademark Cease And Desist Letter to send to a company in Manchester that's using our registered logo for their cleaning services; we discovered the infringement on January 15, 2025, and want to give them 14 days to comply before taking legal action."

Document background
A Trademark Cease And Desist Letter is a critical enforcement tool in English and Welsh trademark law, typically used when unauthorized use of a protected trademark is discovered. This document serves as the first formal step in addressing trademark infringement, establishing a clear record of the trademark owner's objection and demands. The letter should be used when there is clear evidence of trademark infringement and before initiating formal legal proceedings. It must include specific details about the protected trademark, evidence of ownership, description of the infringement, and clear demands for the cessation of infringing activities. Under English and Welsh jurisdiction, this document often forms part of the pre-action protocol requirements if litigation becomes necessary.
Suggested Sections

1. Sender Details: Full legal name, address, and trademark ownership details of the sending party

2. Recipient Details: Full legal name and address of the infringing party

3. Trademark Description: Details of the protected trademark(s), including registration numbers

4. Infringement Description: Specific details of how the recipient is infringing the trademark

5. Demand to Cease: Clear statement of demands to stop infringing activities

6. Deadline: Specific timeframe for compliance with demands

Optional Sections

1. Previous Correspondence: Reference to any prior communications, use when there has been previous contact

2. Damage Assessment: Description of harm caused by infringement, use when quantifiable damage exists

3. Settlement Terms: Proposed resolution terms, use when willing to negotiate

Suggested Schedules

1. Trademark Registration Certificates: Copies of official trademark registration documents

2. Evidence of Infringement: Screenshots, photographs, or other proof of trademark misuse

3. Previous Correspondence Log: Copies of relevant prior communications if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Trade Marks Act 1994: Primary UK legislation governing trademark protection, including sections 10-12 on infringement and sections 14-15 on remedies for infringement. Defines fundamental rights and limitations of trademark owners.

Trade Marks Regulations 2018: UK regulations implementing EU Directive 2015/2436, providing updated framework for trademark protection in UK law post-EU harmonization.

EU Trade Mark Regulation 2017/1001: While UK is no longer in EU, this regulation remains influential in UK trademark law interpretation and provides important context for cross-border trademark issues.

Common Law - Passing Off: Legal doctrine protecting business goodwill from misrepresentation, complementing statutory trademark protection and providing additional grounds for action.

Civil Procedure Rules: Procedural framework governing how legal proceedings must be conducted in England and Wales, including pre-action protocols and requirements for cease and desist letters.

Companies Act 2006: Relevant when trademark dispute involves company names or corporate entities, providing additional regulatory context for business identification.

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair commercial practices, relevant when trademark infringement affects consumer interests.

Business Protection from Misleading Marketing Regulations 2008: Regulations protecting businesses from misleading marketing, often intersecting with trademark infringement cases in B2B contexts.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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