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How to write your Trademark Cease and Desist Notification Form

We include this 2 page template with IT/Software/Hardware Contract Pack and the Proposal Kit Professional. You will get more content and software automation for data merging, managing client documents, and creating proposals with line item quoting with a Contract Pack or the Professional.

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The Trademark Cease and Desist letter is used to inform someone of a trademark violation. Many individuals still copy images and text without realizing it is a violation of someone elses rights. Many others do so with that knowledge, figuring they won't be caught or punished. If the individual will not cease, you can confront their ISP. Also consider copyrighting your code, text, and photos with the U.S. Copyright Office before publishing. This letter includes an impulse settlement and return receipt section.
Document Length: 2 Pages
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1. Get IT/Software/Hardware Contract Pack or the single template that includes this business contract document.

We include this Trademark Cease and Desist Notification Form in editable Word format that can be customized using your office software.

2. Download and install after ordering.

Once you have ordered and downloaded your template or pack, you will have all the content you need to get started.

3. Customize the contract template with your information.

You can customize the contract document as much as you need. If you get a Contract Pack or Professional Bundle, you can also use the included Wizard software to automate name/address data merging.

Trademark Cease and Desist Notification Form

Writing the Trademark Cease and Desist Notification Form document

CEASE AND DESIST LETTER

Name of the Infringer. Address of the Infringer. Infringer's Registered Agent. Address of Infringer's Registered Agent.

Re: Company Name v. Name of the Infringer.

To Whom It May Concern:

Company Name is the owner of United States Federal Trademark Registration(s) No. Trademark Registration Number and other trademark registrations pertaining to this mark. Company Name uses this mark in the United States in conjunction with description of how the Company uses the mark in commerce or in connection with the goods or services it provides.

Company Name's federal registration and recognition has been in full effect for over Number of Years Registered years since the mark was registered and recorded by the United States Patent and Trademark Office (see attached exhibits). Company Name legally owns the trademark upon which your short description of how the infringement is taking place, web site, product, advertisement, etc. is infringing. We have attached a copy of the federal trademark registration data to this letter for your reference.

Company Name believes that you are intentionally trading on the goodwill of Company Name by using a trademark that is confusingly similar to Trademark Description and that your use of the Trademark does, or is intended to confuse or mislead customers seeking Company Name's products or services. This activity is actionable under federal law and causes you to be liable to Company Name in every state in which you have made sales or done business. Your activities are unlawful and constitute unfair competition, intentional trademark infringement and dilution, false designation of origin or cyber squatting if the Trademark involves a domain name. Federal Law provides numerous legal remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, monetary damages, claim to a defendant's profits, destruction or confiscation of infringing products or items and in cases where infringement is shown to be willful and intentional, legal fees and up to treble (3x) monetary damages.

Company Name prefers to resolve matters such as these without the need to take legal action, but it is prepared to take any action it deems necessary to protect its rights and property. You may avoid legal action by having an authorized representative sign this notice as indicated below and return the signed letter to us at the address listed below on or before Delivery Date. This letter is sent without prejudice to Company Name's rights and claims, all of which are expressly reserved.

The undersigned covenants to take the following actions:

Immediately cease and desist from any and all use of the infringing mark(s), whether the marks are used in commerce or not, now or in the future. Insert whether a transfer of rights of the undersigned to any infringing domain names or other property must occur and the terms of such transfer. Immediately cease the use and distribution of all infringing works, works derived from the marks, whether obscured or not and all copies of such infringing materials. Deliver all unused, undistributed copies of any infringing works, or proof of the destruction of such copies.

Job title of signator, authorized signature or signer. Date when the contact was signed.

The complete Trademark Cease and Desist Notification Form - with the actual formatting and layout - is available as a single template or as part of a library of related templates in a Contract Pack or the Professional Bundle.
Trademark Cease and Desist Notification Form

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Related documents may be used in conjunction with this document depending on your situation. Many related documents are intended for use as part of a contract management system.

Related Documents

Key Takeaways

  • The Trademark Cease and Desist Notification Form is available as a ready-to-edit template.
  • The Contract Packs and Professional Bundle include many related agreements and documents.
  • You can automate financials and data merging into contracts using a Contract Pack or Professional Bundle.
  • You can also create business proposals and integrate your contracts using the Professional Bundle.
  • There are no ongoing subscription fees. You get lifetime unlimited use.

How to Build a Legal Contract with Proposal Kit

This video illustrates how to create a legal contract using the Proposal Pack Wizard software. It also shows how to create a proposal with an invoice and contract at the same time.

Frequently Asked Questions

How do I customize the Trademark Cease and Desist Notification Form to fit my business needs?

Customizing the Trademark Cease and Desist Notification Form involves editing the document to include your business details, terms, and conditions. The templates are designed to be flexible, allowing you to insert your company's name, address, and other relevant information. You can modify clauses to reflect your unique business practices and legal requirements.

Is the Trademark Cease and Desist Notification Form compliant with laws and regulations?

The legal contract templates are written by legal professionals and designed to comply with current laws and regulations at the time of their writing. However, laws can vary by jurisdiction and change over time, so it's recommended to have your contract reviewed by a local attorney to ensure it meets all legal requirements specific to your region and industry. Templates are licensed as self-help information and not as legal advice.

Can I use the same Trademark Cease and Desist Notification Form for different clients or projects?

You can use the same Trademark Cease and Desist Notification Form for different clients or projects. The templates are versatile and easily adapted for various scenarios. You will need to update specific details such as client names, project descriptions, and any unique terms for each new agreement to ensure that each contract accurately reflects the particulars of the individual client or project.

What should I do if I encounter a clause or term I don't understand?

If you encounter a clause or term in the Trademark Cease and Desist Notification Form that you need help understanding, you can refer to guidance notes explaining each section's purpose and use. For more complex or unclear terms, it's advisable to consult with a legal professional who can explain the clause and help you determine if any modifications are necessary to suit your specific needs.

How do I ensure that the Trademark Cease and Desist Notification Form is legally binding and enforceable?

To ensure that the Trademark Cease and Desist Notification Form is legally binding and enforceable, follow these steps:

  • Complete all relevant sections: Make sure all blanks are filled in with accurate information.
  • Include all necessary terms and conditions: Ensure that all essential elements, such as payment terms, deliverables, timelines, and responsibilities, are clearly defined.
  • Signatures: Both parties must sign the contract, and it is often recommended that the contract be witnessed or notarized, depending on the legal requirements in your jurisdiction.
  • Consult a legal professional: Before finalizing the Trademark Cease and Desist Notification Form, have it reviewed by an attorney to ensure it complies with applicable laws and protects your interests.

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Disclaimers

Proposal Kit, Inc. makes no warranty and accepts no responsibility for the suitability of any materials to the licensee's business. Proposal Kit, Inc. assumes no responsibility or liability for errors or inaccuracies. Licensee accepts all responsibility for the results obtained. The information included is not legal advice. Names in use cases have been fictionalized. Your use of the Trademark Cease and Desist Notification Form template and any purchased packages constitutes acceptance and understanding of these disclaimers and terms and conditions.

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