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The Zest

Got a Cease-and-Desist Letter? Read This First

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"I just got a cease-and-desist letter about my business name. Do I have to stop?" Not automatically. A cease-and-desist letter is a demand from the other side, not a court order. But it isn't something to ignore, either. The right move is to slow down, figure out what the letter actually claims and whether it holds up, and then choose your response on purpose.

Here's how to work through one.

Don't ignore it, and don't fire back

Ignoring a letter doesn't make it go away. If the sender is serious, the next step may be a lawsuit or a challenge at the USPTO, and by then you've lost the chance to resolve it quietly.

Firing back is the opposite mistake. An angry reply, a public post about the company that sent it, or a long email defending yourself tends to help the sender more than it helps you. Read the letter, put it down, and don't answer it the same day.

Check the deadline, and what you actually received

Most letters set a response date. That date comes from the sender, not a court, but treat it as real, because a missed date is often what triggers the next step. If you need time to get advice, a short, neutral note asking for a brief extension is normal.

Then make sure it's actually a letter. If you were served with a summons and complaint, you've been sued, and court rules set the clock: in federal court, an answer is generally due 21 days after you're served. If you received notice that someone has opposed your trademark application at the Trademark Trial and Appeal Board, the Board sets the answer deadline, and if no answer is filed the case can be decided as a default. Neither of those can wait.

Make sure it's real

Fake legal notices exist. Some imitate law firms or government offices to get you to pay, click a link or hand over account access. Trademark scams follow patterns: pressure to act immediately, a threat that you'll lose your rights, and a demand for payment.

Check the sender independently. Look up the law firm and the lawyer yourself, confirm the lawyer is licensed through the state bar's public directory, and reach out through what you find, not through the email address or phone number in the letter. Then check that the brand the letter names actually exists and owns what the letter says it owns.

Find out who used the name first, and what they own

A letter will describe the sender's rights in the strongest terms it can. Your job is to test them.

Start with registration. Does the sender have a federal registration, and if so, for which goods or services, and when was it filed? A registration certificate is evidence of validity, ownership and the exclusive right to use the mark in commerce for the goods or services it lists. Once registered, the filing date also counts as nationwide use of the mark. But that priority doesn't reach someone who was already using the mark before the filing date and hasn't abandoned it.

So line up the dates. When did you start using your name, where, and for what? When did they? A company that filed after you started selling may have a real problem with its own claim. A registration for skincare may say little about a bakery with a similar name, because the question is whether customers are likely to be confused. And if a state registration is involved, state and federal registrations aren't the same thing.

Your three real options

Comply. Sometimes the honest read is that they were first, the goods overlap, and the name isn't worth a fight. If you go this way, negotiate the terms: a realistic timeline to sell through inventory and change your packaging, site and handles. And search the next name before you commit, so you don't end up here twice.

Negotiate. Plenty of disputes end in a written agreement instead of a winner. A coexistence agreement sets out how both businesses will use their names without confusing customers: different products, different channels, different logos, a promise to cooperate if confusion happens. The USPTO's examination manual gives real weight to a detailed consent agreement, especially one that explains why confusion is unlikely and what each side will do to prevent it. A phase-out agreement is the other version: you agree to stop, on a schedule you can live with.

Push back. If your dates are earlier or the goods are far apart, your response can say so. Pushing back doesn't have to mean escalating. A clear, factual reply that lays out your position is different from a threat.

None of these comes with a promised result. Which one fits depends on facts that have to be checked, not assumed.

Be careful what you put in writing

Anything you write back can become evidence. A reply that says "we only started using it last month" or "we knew about your brand but figured we were different" answers questions the sender would otherwise have to prove. What a business knew, and when, can matter. The Supreme Court has said a trademark defendant's mental state is a highly important consideration when a court decides whether to award the defendant's profits.

So don't admit dates, knowledge or confusion in writing before you've confirmed the facts. Don't delete old posts or records, either. Keep everything as it is. And have a trademark lawyer read the letter before anything goes back to the sender.

If a letter just landed and you want to understand what it claims and where you stand, you can see how the work is structured and priced on the services page, and the FAQs page answers most of what comes up before a first call.

Book a free 15-minute discovery call with the attorney (opens in a new tab)

(No legal advice is given on the discovery call. It's a chance to tell me what you're building and hear how the process works.)

Sources

This article is general information, not legal advice. Reading it does not create an attorney-client relationship.

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