Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Disputes & enforcement guide
Short answer: Do not ignore it, and do not respond right away. A cease-and-desist letter is a demand, not a court order. Preserve your records, read the claims carefully, have a trademark attorney evaluate who actually has rights, and then decide whether to comply, negotiate, or push back.
Step 1: Do not panic, and do not reply yet
Most cease-and-desist letters are written to sound urgent. The deadline in the letter is the sender’s deadline, not a legal one — but it still matters, because missing it can push the sender toward a lawsuit. Avoid calling the sender or posting about the letter. Anything you say can be used later.
Step 2: Preserve your records
Keep everything that shows when and how you started using your name: incorporation papers, first invoices, early marketing, website archives, and social media history. Your first-use date may be the most important fact in the dispute.
Step 3: Evaluate the claim
- Does the sender have a registration? Look it up in the USPTO database and check the goods and services it covers.
- Who was first? If you used your name before the sender’s filing date, you may have prior rights, at least locally.
- Are the names and goods actually similar? The question is whether customers are likely to be confused, not whether two names share a word.
- Is the sender’s mark strong? Common or descriptive words get narrow protection.
- What exactly are they asking for? Stopping all use, changing a logo, transferring a domain, or abandoning an application are very different requests.
Step 4: Choose a response
Comply
If the sender’s rights are clearly stronger, a planned rebrand on a reasonable timeline is often cheaper than a fight. Negotiate time to sell through inventory and transition.
Negotiate
Many disputes end in a coexistence agreement: both businesses keep their names with limits — different logos, different markets, or a disclaimer. This is common when the businesses operate in different regions or industries.
Push back
If the claim is weak, or you were first, a firm response laying out your rights can end the matter. Some businesses also challenge the sender’s registration through a cancellation proceeding.
What if the letter is about my pending trademark application?
If the sender objects to your application, expect a possible opposition once your mark is published. A negotiated amendment to your goods and services can sometimes resolve the issue before it reaches the Trademark Trial and Appeal Board.
How to avoid getting one in the first place
A clearance search before you launch is the cheapest insurance against a cease-and-desist letter later. It finds the conflicts while changing your name still costs nothing.
Frequently asked questions
Is a cease-and-desist letter legally binding?
No. A cease-and-desist letter is a demand from the sender, not a court order. Ignoring it can still lead to a lawsuit, so it should be taken seriously.
Do I have to stop using my name immediately after getting a cease-and-desist letter?
Not necessarily. Have the claim evaluated first. If the sender’s rights are weak or you were first, you may not need to stop at all. If they are strong, a negotiated transition period is common.
What if I ignore a trademark cease-and-desist letter?
The sender may file a lawsuit or oppose or seek to cancel your trademark filings. Ignoring the letter also gives up the chance to negotiate a cheaper resolution.
Can I respond to a cease-and-desist letter myself?
You can, but statements in your response can be used against you later. Having a trademark attorney evaluate the claim and draft the response is usually worth it.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.