This template cease and desist letter may be sent by a trademark owner to a third party who is allegedly infringing its trademark rights. This template includes practical guidance, drafting notes, and alternate clauses. This letter may be adapted as appropriate depending on whether the issue is trademark infringement, dilution, counterfeiting, etc. For more on these causes of action, see Trademark Infringement and False Designation of Origin Claims, Remedies, and Defenses, Trademark Dilution Claims, Remedies, and Defenses, and Anti-counterfeiting Strategies and Counterfeiting Claims. Where the issue is trademark infringement, factors to be considered when drafting the letter include similarity of the marks, similarity or relatedness of the goods/services, overlap in trade and advertising channels, sophistication of customers, any evidence of actual confusion, strength of the client’s mark, the nature and extent of use by the junior user, and/or any evidence of intent to deceive. For ...