Unregistered Trade Mark Cease & Desist Letter
This Unregistered Trade Mark Cease and Desist Letter (also known as a
“letter of claim” or a “letter before action”) is designed for use as a
first step when another party is infringing a trade mark that is not
registered. The purpose of a cease and desist letter is to put an infringer
on notice that their activities are known and to seek to resolve the matter
without recourse to costly and potentially time-consuming litigation.
This Cease and Desist Letter template has recently been reviewed for
compatibility with the Intellectual Property (Unjustified Threats) Act 2017
and has been updated to conform with current best practice.
Due to the risk of threats actions being sought against would-be IP
claimants, it is very important that this letter should not be used in
relation to any matter other than an unregistered trade mark. The action
detailed in this letter refers to the tort of passing off. There is no
threats action relating directly to passing off, however there is with
respect to registered trade marks, registered (and unregistered) designs,
and patents. If the situation is in any way unclear or uncertain or
involves multiple IP rights, legal advice should be sought before taking
When providing details and evidence of the mark and the alleged passing
off, it is important to strike a balance: enough detail should be provided
to support the allegation, but not so much that information is revealed
that would place the accuser at a disadvantage. Evidence of infringement
may include specimens, photographs, marketing materials, and other
Having set out the details of the mark owner’s goodwill and reputation, and
the alleged passing off, a series of undertakings required of the recipient
is provided. Of these, the second requires information from the infringer
designed to enable the accuser to calculate what sums may be due to them to
compensate for the passing off (a subsequent undertaking requires the
infringer to pay such sums). It is important to note that what is sought
will vary depending upon the circumstances. In some cases, a full account
of profits may be desirable. On the other hand, for lesser passing off, it
may be preferable to agree upon a smaller sum in the interests of
concluding matters quickly and amicably without resorting to further legal
action. Once again, where there is any doubt or disagreement, seeking
proper legal advice is essential.
Optional phrases / clauses are enclosed in square brackets. These should be
read carefully and selected so as to be compatible with one another. Unused
options should be removed from the document.
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