What To Do When You Get a Cease and Desist Letter

Getting a cease and desist letter can feel intimidating, especially if it's your first time. Whether it comes from a competitor, a multinational company, or someone you’ve never heard of, here’s what you should do (and not do) if one lands in your inbox.

1. Don’t panic, but don’t ignore it either

A cease and desist isn’t the same as being sued, but it’s not something you should brush aside. Ignoring it can make things worse. The sender might think you’re being difficult or assume you’re a pushover. It’s usually best to reply with a firm but polite letter to explain your side. That alone can sometimes stop things from escalating.

2. Read it properly

Take time to really understand what the letter is saying. Is the sender accusing you of trademark infringement, passing off, defamation, breach of contract, or something else entirely? Look closely at what rights they claim to have, what specific actions they say are problematic, and what they are asking you to do — or stop doing. Are they demanding that you change your name, pull down a product, stop selling a service, or issue an apology? The details matter. A lot of these letters are drafted to sound intimidating, but that doesn’t always mean the claims are valid. Don’t just skim through it — read every line, highlight the key points, and start listing out questions you’ll want answered before taking your next step.

3. Don’t fire off a response right away

Don't fly off the handle and avoid replying emotionally or admitting to anything straight away. A quick response might feel satisfying, but it can do more harm than good. What you say could be used against you later, especially if you accidentally admit liability or make promises you didn’t mean to.

Take a step back, breathe, and get advice first. Even a short delay to properly assess the situation can make a big difference in how things play out.

4. Question the claims

A lot of cease and desist letters sound aggressive and many of them are over the top. Some are even completely baseless. Just because it’s written in legal language doesn’t mean it’s legally sound. Check if they really have rights to what they’re claiming, and whether you’ve actually done anything wrong.

5. Lawyer up

This is where proper legal advice really matters. A good intellectual property or commercial lawyer will be able to break down the claims in the letter, explain whether they are legally sound, and help you understand your actual level of risk. They can walk you through your options, whether that means pushing back, negotiating a resolution, or making strategic changes to avoid further trouble. Most importantly, they can help you prepare a response that is calm, professional, and legally sound.

6. Keep all the documents

Hold on to the letter, your marketing materials, website content, emails — anything that could be relevant. You might need them if the matter escalates.

7. Think through your next move

Sometimes clients feel like fighting to the bitter end, and we get it. But even if you’re confident of winning, legal action is expensive. You could spend a lot of money and still only recover a portion of your costs. It’s worth thinking about whether a practical solution like rebranding slightly or negotiating an agreement might be a better move.

8. Stay calm and professional

Even if the letter sounds aggressive or threatening, try not to take it personally. It is easy to feel defensive, especially if you believe you have done nothing wrong. But how you respond can influence the tone of the entire exchange. You can absolutely stand your ground and assert your position, but do it in a way that is firm yet civil. The goal is to de-escalate, not inflame.

Keep in mind that the lawyers on the other side are usually just doing their job. They are acting on instructions and may not have the full picture yet. If your response is measured and reasonable, there is a good chance they will be open to a practical solution.

Extra tip: Think outside the box

If the other party is being difficult, there might be other ways to apply pressure. For example, would they want to be seen as a big company bullying a local business out of its own name? Public perception can matter just as much as legal rights. Sometimes a smart strategy can get them to the table even when a legal threat won’t.

A Logo Glow-Up Without the Legal Foul-up

Who doesn’t like a wardrobe update? Just like swapping out old clothes for something fresh and modern, updating your brand’s design can be an exciting way to keep things stylish, stay relevant, and engage with your audience. Maybe you’re tweaking your logo, refreshing your color palette, or modernizing your typography. But while a design update can feel like a creative endeavor, it also comes with some legal considerations—especially when it comes to trademarks. Here’s what you need to know to make sure your update goes smoothly without putting your brand protection at risk.

"IKEA’s logo evolution showcases how a brand can modernize while maintaining its identity. Image source: IKEA (https://www.ikea.com/ph/en/this-is-ikea/about-us/the-ikea-logo-history-and-design-pub55d85f50/)."

How Does a Design Update Affect Trademarks?

Trademarks must be actively used in commerce to maintain their legal rights. This use requirement is a critical aspect of trademark protection. If you stop using a trademark—whether it’s the original or a modified version—your trademark could be considered "abandoned," which means it may no longer be protected. This opens the door for other businesses to potentially claim that trademark as their own.

In the case of a design update, if you’re changing your logo or other visual elements but keeping the same business name, your wordmark (which covers the text portion of your brand) might still be valid.

Basically, the key to maintaining trademark protection—whether for an updated design or the original—is to keep using the mark in commerce. This ensures that your rights are preserved and prevents others from claiming it.

Do You Need a New Trademark Registration?

When it comes to whether you need to register a new trademark, it depends on the nature of the changes. If your logo or design changes significantly, you might need to file for a new trademark. Again, if your previous registration is a wordmark (just the name of your business/products without a specific logo or design), you may not need to register a new trademark.

Of course, if the changes are substantial, it’s always a good idea to check with a trademark expert to ensure your existing protection still covers the new look.

How Your New Design Affects Licensing and Agreements

If your previous design was part of any licensing or partnership agreements, those deals may need to be updated to reflect the new design. It's also essential to review trademark assignments, merchandising contracts, or any other agreements tied to your brand. If your updated design includes changes to the logo, you may need to adjust those agreements accordingly. Additionally, keep an eye on the market to ensure that neither the old nor new design is being misused or copied by others.

Final Thoughts

Refreshing your brand’s design is a great way to stay modern and relevant, but don’t overlook the legal side of things. By understanding how your design update might affect your trademarks and ensuring that your new design is properly protected, you can avoid unnecessary legal issues and keep your brand secure. So, go ahead—give your brand a fresh new look, just make sure you're doing it the right way!

Understanding Trademark Types

Protecting your brand starts with choosing the right type of trademark registrations. Here’s a guide to four common types—Word Marks, Stylized Word Marks, Device/Logo Marks, and Combined Marks—to help you make the best decision for your business.

1. Word Mark

A Word Mark protects your brand name or slogan as plain text, without specifying fonts, colors, or styles.

*example of a word mark

Strengths and Limitations

Registration: Straightforward for distinctive terms, but descriptive or generic names (like “Best Coffee”) may be difficult to register.

Flexibility: Highly adaptable; you can use it in any style, font, or color.

Enforcement: Offers strong protection against similar names

2. Stylised Word Mark

This trademark type protects the specific design of your text, including fonts, colors, and layout.

*example of a stylised word mark

Strengths and Limitations

Registration: Can be easier to register compared to word marks if the design/font is distinctive.

Flexibility: Limited to the exact design; changes to style, font, or layout may require a new registration.

Enforcement: Protects against imitations of the specific design but may not guard against generic use of the text in other styles.

3. Device/Logo Mark

A Device/Logo Mark protects your logo or graphic design without tying it to any text.

*example of a device/logo mark

Strengths and Limitations:

Registration: Usually easy to register especially if the device is uncommon or creative.

Flexibility: Excellent for visual branding but not the most flexible as it cannot be used effectively in purely verbal contexts (e.g. on the radio).

Enforcement: Strong protection against use of similar graphic designs.

4. Combined Mark

This type of trademark covers a combination of text and graphics, such as a logo paired with your brand name.

*example of a combined mark

Strengths and Limitations:

Registration: Provides comprehensive protection for the specific combination and usually easy to register especially if the words are not generic/descriptive.

Flexibility: Limited—text and graphics must be used together as registered; separate use requires additional registrations.

Enforcement: Strong for the combination but harder to enforce against partial imitations.

Final Thoughts

The right trademark depends on your brand’s needs. Word Marks are versatile and great for broad protection, while Stylized Word Marks and Device Marks work best for distinctive visuals. Combined Marks offer robust coverage for cohesive branding.

No matter the type of trademark, one rule applies across the board: your mark must be used as it is registered. Altering the design, layout, or separating elements can weaken your protection or require additional registrations. Consistency is key.

Need help deciding? Get in touch with us today to safeguard your brand and ensure it stands out!