Trademark Infringement Letter (Cease-and-Desist)
Someone is using your mark, your business name, or a confusingly similar version. A properly drafted cease-and-desist letter from a Canadian lawyer often resolves the issue without litigation, at a fraction of the cost.
Onley Law assesses the strength of your claim, drafts a letter that clearly sets out the rights and demands, sends it through appropriate channels, and follows up if the infringer responds. If escalation is required, we coordinate with litigation counsel.
What’s Included
- Review of your trademark rights (registered or common-law) and the alleged infringement
- Legal assessment of the strength of the claim and likelihood of success
- Drafting of cease-and-desist letter with clear demands and response deadline
- Sending the letter through appropriate channels (typically registered mail and email)
- Follow-up correspondence if the infringer responds
- Litigation referral and coordination if escalation is required
- Settlement negotiation where commercially appropriate
Pre-Litigation Resolution
Most cease-and-desist matters resolve through the letter and follow-up correspondence, well before litigation costs are incurred.
Fixed-Fee Letter
Drafting, sending, and the first round of follow-up are quoted as a fixed fee. Extended negotiation or litigation referral is quoted separately.
Strategic Escalation Path
We give you a clear roadmap from initial letter through negotiation, settlement, or escalation. You decide each step.
How It Works
Intake and Rights Assessment
You send us evidence of the infringement and your trademark registration or common-law rights. We assess the strength of the claim.
Letter Drafting
We draft the cease-and-desist letter setting out your rights, the alleged infringement, the demands (stop use, undertaking, account of profits), and a response deadline.
Send and Serve
We send the letter through registered mail, email, and any other appropriate channels. Proof of receipt is preserved for any later proceeding.
Follow-Up
If the infringer responds, we negotiate. If they ignore the letter, we recommend next steps: further letter, litigation referral, or alternative enforcement.
Frequently Asked Questions
What is a cease-and-desist letter?
A cease-and-desist letter is a formal written notice from a lawyer or rights holder demanding that another party stop a specific activity, typically use of an infringing trademark or confusingly similar mark. It sets out the rights, the alleged infringement, the demanded actions, and a response deadline. Many trademark disputes resolve at this stage.
When should I send a cease-and-desist letter for trademark infringement?
Send a cease-and-desist as soon as you become aware of meaningful infringement. Delay can weaken your position (an argument the infringer may claim acquiescence) and allow the infringer to build up market presence under your mark. That said, do not send without a proper legal assessment: a poorly grounded letter can damage your position.
How much does a cease-and-desist letter cost?
Onley Law’s standard cease-and-desist engagement is a fixed fee covering drafting, sending, and the first round of follow-up correspondence. Extended negotiation, multiple letters, or litigation referral is quoted separately. Contact us for a fixed-fee quote within one business day.
What if the infringer ignores my cease-and-desist letter?
If the infringer ignores the letter or refuses to comply, options include: a second, more strongly-worded letter; litigation in the Federal Court or provincial Superior Court for trademark infringement and passing off; or, for online infringement, takedown requests to platforms (Amazon, Meta, Shopify, etc.) and domain dispute proceedings.
Can I send my own cease-and-desist letter without a lawyer?
You can, and many businesses do. But infringers (and especially other lawyers) take letters from lawyers more seriously, and a self-drafted letter often makes legal claims that cannot be supported in court. A weak letter can be used against you later. We recommend at minimum having a lawyer review the letter before you send.
Does a cease-and-desist letter work for online infringement (social media, marketplaces)?
Yes, with adjustments. Online infringement letters are usually paired with takedown requests to the platform (Amazon Brand Registry, Meta Brand Rights Protection, Shopify, etc.). For domain infringement, options include UDRP or CDRP proceedings. We coordinate the right combination for the specific platform.
Someone Using Your Mark?
Send us evidence of the infringement and your trademark details. We will assess the claim and provide a fixed-fee quote within one business day.
Request an Enforcement Quote →
Need to register the mark first? See our Trademark Registration service →