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.

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Last updated January 13, 2025

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Suitable for Australia

Cease and Desist (Trademark Infringement)

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What is a cease and desist (trademark infringement)?

A cease and desist (trademark infringement) is a formal letter requesting an individual or business to stop using a trademark that infringes your rights, such as your brand name or logo, without your permission.
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When should you use a cease and desist (trademark infringement)?

Use this document when someone is using a trademark that is substantially identical or deceptively similar to yours, or is using your trademark without your authorisation.
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What should be in a cease and desist (trademark infringement)?

This letter should include your trademark ownership details, a description of the infringement, your demand to stop, and your intention to take further action if the conduct continues.
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Frequently asked questions

Who can use this document?

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Does this letter guarantee the recipient will stop infringing?

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What information do I need before sending this letter?

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Can I use this letter for trademark issues outside Australia?

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What should I do after sending the letter?

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Are there any limitations to this document?

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How quickly can I complete and send this letter?

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View Sample Cease and Desist (Trademark Infringement)

Cease and Desist (Trademark Infringement)
risk level indicator at Low level

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)

How to Create a Cease and Desist Letter
By Anthony Guerrieri|Feb 9, 2016

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
By Jennifer Wang|Nov 26, 2025

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 Act on Someone Infringing Your Trademark
By Matthew Jessup|Dec 4, 2025

How to Act on Someone Infringing Your Trademark

If your trademark has been infringed it is vital to enforce your IP rights. Learn what action you need to take against trademark infringers.

How to Respond to a Cease and Desist Letter (2025 Update)
By Sharlene Han|May 14, 2025

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.

Why You should use a Cease and Desist Letter
By Anthony Fong|Feb 9, 2016

Why You should use a Cease and Desist Letter

Explore some situations when you should be using a cease and desist letter.

Why a Lawyer Should Send Your Cease & Desist
By Ananya Singh|Dec 4, 2025

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.

A Guide To Trademark Infringement
By Mai Sarkissian|Jul 27, 2021

A Guide To Trademark Infringement

Has someone illegally used your registered trademark? Learn about what you need to prove to bring legal action for trademark infringement.

How to Protect Your Logo
By Vanie Cardinio|Apr 16, 2021

How to Protect Your Logo

Your logo identifies your brand. But what happens when another business copies it? Learn how to protect your logo against infringers.

What Legal Services Do I Need to Protect My Brand?
By Zachary Swan|Apr 12, 2017

What Legal Services Do I Need to Protect My Brand?

Find out what you need to successfully protect your brand.

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