Someone’s using your name. Or says you’re using theirs.
Most name disputes end with a letter. We write the one you need to send, or answer the one you got, for a flat fee quoted in writing.
Both start the same way: checking who has the stronger rights before anyone says anything in writing.
Sending or answering?
Send one
A letter that asks for exactly what you want.
- We confirm your rights and when they started
- We document how they’re using the name
- A letter on our letterhead: stop, rebrand by a date, or hand over a domain
- One round of replies
Answer one
A response that protects what you built.
- We check their registration and who used the name first
- Your options in writing, including rebranding on your terms
- A drafted response, sent when you approve it
- One round of replies
What to do today
The first few days matter more than the letter’s tone.
Don’t ignore it
Note any deadline in the letter. Silence can be used against you later.
Don’t answer it yourself
What you write can become evidence. Even a friendly reply can admit something you didn’t mean to.
Don’t post it
Sharing the letter online can make things worse, and can be raised later in the dispute.
Keep your records
Dates you first used the name, invoices, launch posts, anything showing when you started.
What comes next
Most disputes settle after the letter. When they don’t, these are the usual next steps.
Marketplace complaints
Amazon, Etsy, Shopify and Instagram each have their own process for reporting trademark infringement.
A coexistence agreement
Two businesses agree in writing how each will use a name so they can both keep going.
TTAB or court
We don’t handle Trademark Trial and Appeal Board proceedings or lawsuits. If your dispute is heading there, we’ll tell you early and help you find counsel who does.
Cease and desist questions
Do I need a registration to send a letter?
No, but it helps. Rights can come from use alone, in the area where you use the name. A federal registration makes your position much stronger.
Can sending a letter backfire?
It can. A strongly worded letter can push the other side to sue first or post it publicly, and sometimes their rights turn out to be older. That’s why we check before we send.
Is a cease and desist letter legally binding?
No. It’s a demand, not a court order. What it does is put the other side on notice.
How fast can you send one?
Once you’ve signed and we’ve checked the facts, usually within a few business days. We’ll give you a date when we quote the fee.
Go deeper on The Zest.
Tell us what happened.
A few lines and a link is enough. We’ll tell you where you stand and what it costs, in writing.