Cease and Desist (Trademark Infringement)
This Cease and Desist (Trademark Infringement) Letter is a variation of a formal letter sent to an individual or business requesting they stop engaging in actions that infringe your trade mark rights.
Last updated January 13, 2025
Suitable for Australia
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What is a cease and desist (trademark infringement)?
What is a cease and desist (trademark infringement)?
When should you use a cease and desist (trademark infringement)?
When should you use a cease and desist (trademark infringement)?
What should be in a cease and desist (trademark infringement)?
What should be in a cease and desist (trademark infringement)?
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Frequently asked questions
Who can use this document?
keyboard_arrow_upDoes this letter guarantee the recipient will stop infringing?
keyboard_arrow_upWhat information do I need before sending this letter?
keyboard_arrow_upCan I use this letter for trademark issues outside Australia?
keyboard_arrow_upWhat should I do after sending the letter?
keyboard_arrow_upAre there any limitations to this document?
keyboard_arrow_upHow quickly can I complete and send this letter?
keyboard_arrow_upView Sample Cease and Desist (Trademark Infringement)
The Legal Risk Score of a Cease and Desist (Trademark Infringement) Template is Low
Our legal team have marked this document as low risk considering:
- The document does not specify the exact number of days within which the recipient must cease and desist, which could lead to uncertainties in enforcement timelines.
- The letter mentions a trademark infringement but does not clearly identify the specific trademarks involved, potentially leading to confusion about the exact nature of the infringement.
- While the letter mentions infringement and potential violation of the Trade Marks Act 1995 (Cth), it does not detail the possible legal consequences or actions that could follow if the recipient fails to comply, which might not fully inform the recipient of the seriousness of the situation.
Meet Our Users
Articles about Cease and Desist (Trademark Infringement)
Why a Lawyer Should Send Your Cease & Desist
Read about why it might be a good idea to hire a lawyer instead of writing the letter yourself.
How to Create a Cease and Desist Letter
Learn how to create an accurate and persuasive cease and desist letter.
5 Situations to Use a Cease and Desist Letter
When “stop” isn’t enough: ways to effectively use a Cease and Desist Letter.
How to Respond to a Cease and Desist Letter (2025 Update)
Receiving a Cease and Desist Letter can be highly concerning. Find out in this article how to respond to a Cease and Desist Letter.
Swiss Army Knife Wins Trademark Infringement Case
A recount on Victorinox's trademark battles.
One More Thing...
Learn about the tricky area of trademark law through Swatch's successful bid to trademark the phrase "One More Thing".
Why You should use a Cease and Desist Letter
Explore some situations when you should be using a cease and desist letter.
Trademark Breach: An Expensive Lesson
Should the term 'Ugg' be considered an Australian invention? Though Ugg boots were invented in Australia, a recent finding in the US doesn't think so.
Oprah Wins ‘Own Your Power’ Trademark Dispute
Why is ‘Own Your Power’ not distinctive enough to own?
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