Cease and desist letters
A cease and desist letter is a formal demand that somebody stop using your trademark. It is usually the first step in an infringement matter, and it resolves most of them without anyone going to court. Prices start at €179 in Bulgaria and €379 in Spain.
What it does
It puts the other side on notice, sets out your rights, states what you want them to do and gives a deadline. Most recipients comply, because the alternative is expensive and they usually did not realise they had a problem.
It also creates a record. If the matter does go further, a letter that was ignored is useful evidence, and in some jurisdictions failing to warn first affects the costs you can recover.
When to send one
When somebody is using your registered mark, or something confusingly similar, for goods or services that overlap with yours. Small local infringers, resellers who have gone beyond what they were permitted, and businesses that picked the name without checking are the usual recipients.
When not to send one
Before checking your own position. If your mark is over five years old and you cannot prove use, the reply may be a cancellation action against you. Check what you can evidence first.
When the other side got there first. If their rights predate yours, a letter invites a counterclaim.
Against a domain squatter. Contacting them raises the price and gives them notice. File a UDRP complaint instead.
Where the recipient has an audience. Aggressive letters to small businesses and individuals get published and travel. If the infringement is minor, a measured letter achieves more than a threatening one.
Unjustified threats of trademark proceedings are actionable in the UK. A letter drafted badly can create a claim against you.
What it costs
| Price | |
|---|---|
| Cease and desist, Bulgaria | €179 |
| Cease and desist, Spain | €379 |
| Reply to a cease and desist, Spain | €450 |
| Cease and desist, Spain, seeking withdrawal of an EUTM application | €270 |
| Other jurisdictions and follow-on work | €200/hour |
Prices exclude VAT.
If you have received one
Do not ignore it and do not reply immediately. Deadlines in these letters are set by the sender, not by law, and the demands are often broader than what they could actually enforce.
Send it to us. We will tell you whether the claim is good, and what a realistic outcome looks like. A reply in Spain costs €450.