Trademark Cease & Desist Letter (Canada)

This Trademark Infringement Cease & Desist Letter is designed for use in Canada. This form is available for immediate download.

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Trademark infringement is a common occurrence on the Internet and you must be vigilant if you intend to maintain the rights in your trademark. This Trademark Cease & Desist Letter is designed for notice of trademark infringement through the use of a web address, URL or domain name. This letter communicates your rights and ownership of the mark and demands that the offending party immediately cease use of your mark. Having a written cease and desist letter will be crucial in the event of litigation.

This Trademark Cease & Desist Letter contains the following:
  • Name of Registered Owner: The name of the owner of the registered trademark and the registration number;
  • Name of Infringing Party: The name of the infringing party and a description of why the party should cease and desist use;
  • Demand and Time Limit: A demand to cease and desist and the time limit in which to do so.

Protect Yourself, Your Rights and Your Intellectual Property by using our professionally prepared up-to-date forms.

This lawyer-prepared packet includes:
  1. Instructions and Checklist
  2. General Information
  3. Trademark Infringement Cease & Desist Letter for use in Canada
Law Compliance: This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Trademark Infringement Cease & Desist Letter
URL/Web Address
(Canada)










This Packet Includes:
   1. Instructions and Checklist
   2. General Information
   3. Trademark Infringement  Cease & Desist Letter         (URL/Web Address)






 Instructions and Checklist
 Trademark Infringement  Cease & Desist Letter
(URL/Web Address)

   Italicised instructions have been included on this form to assist you in completing it and should be removed before printing.

   This form is not intended and is not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with a lawyer. A lawyer should be consulted before negotiating any document with another party.

   The purchase and use of this form is subject to the “Terms and Conditions” found at www.findlegalforms.com






General Information
Trademark Infringement  Cease & Desist Letter
(URL/Web Address)

Trademark infringement is an increasingly common occurrence on the internet, and you must be vigilant if you intend to maintain the rights in your mark.  

This letter is designed to help you in situations where your trademark is being infringed through the use of a web address/URL/domain name.  For example, if you own the trademark “Purple People Eaters Sneakers” and someone is operating or attempting to sell the domain name “purplepeopleeaterssneakers.com,” it is quite likely that this will be considered a trademark infringement and a possible violation of the Trade-marks Act.

This letter communicates your rights and ownership of the trademark and demands that the offending party immediately cease their use or operation of the offending URL.





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[YOUR COMPANY LETTERHEAD]

Date

(Insert Name of Recipient)
(Insert Address of Recipient)

Re:  Trademark Infringement

To Whom It May Concern (insert name of recipient if available):

I am the __(insert your position)__ of __(insert your company name)___.  We are the owner of the registered trademark ___(insert trademark)___, __(insert registration number), and the URL (insert URL if applicable).  For your reference we have attached a copy of the Registration Certificate to this letter.  

It has recently come to our attention that your company is (describe what the offending company is doing. E.g. attempting to sell the URL __________ which is deceptively close to our own; operating the URL __________________ which is confusing similar to our own, etc.).

We assume that you may have been unaware of our use and ownership of the mark “_______________.”  For the past ________ years, however, our company has spent considerable sums building the reputation of the __(insert trademark name) mark.  Due to our longstanding use, marketing and promotion efforts, the ______________ mark has become well known; thus it is an asset of substantial value to us.  Your (sale / operation) of the URL _____________  may violate the Trade-marks Act.   Furthermore, the similarity between our URLs is likely to cause confusion between our companies and constitutes trademark infringement in violation of the federal trademark laws.  
As such, we therefore demand that you: i) cease your attempts to (sell/operate) the (insert the offending URL address) URL; ii)  provide us with prompt written assurance that you will cease and desist from further unauthorized uses of the _____________ mark within _______ days.  Because the (insert offending domain name address) URL is of no use to you, it should be transferred to us. [We also demand that you provide us with information concerning the extent of your uses of the _______________ mark to assess more precisely the extent of the damage done. this may be used in more extreme situations]
Thank you for your prompt attention to this matter. We certainly would like to resolve this situation amicably, but we are willing to exercise our rights to their fullest extent if necessary.

We look forward to hearing from you by _________________________, 20__.  You may contact me at ___________________ or via email at __________________________ .

Very truly yours,
(Insert Your Name)
(Insert your position)
Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#34839

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