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Intellectual PropertyThe Intellectual Property StrategistTrademarksFeatures

Sending a Shot Across the Brow: Drafting An Effective Trademark Demand Letter

By Nate Garhart
March 01, 2025

You’ve worked to come up with a brand that you are proud of that embodies the promise your company makes to consumers with its products and services. You registered your trademark and worked to infuse the mark with your brand message. But then you see someone else using a similar mark that seems too close to your own. “They can’t do that,” the CEO tells legal. “Make them stop!”

There is a lot to go into concerning enforcement of trademark rights and the requirements to carry a claim of infringement under the law. But short of all that, what is seen as a simple demand letter should be carefully considered before you send such a shot across the bow. Sometimes your fire will be returned, and you have to be ready for it.

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