Contact
Reach out to Brealant with details of the copied product you've identified.
Search
We confirm your design registration and compare the overall visual impression between your design and the copy.
Quote
Receive a fixed-fee quote for the letter and any follow-up correspondence.
Pay
Proceed with secure payment for the service.
File
Brealant drafts and sends the letter to the infringing party with a response deadline.
Wait
We monitor for the other party's response within the deadline given.
Response
We advise on next steps based on the response received.
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In the European Union, a design cease and desist letter sets out your Registered Community Design rights, compares the overall visual impression against the copy, and demands the copying stop within a defined period. Because your RCD is enforceable immediately upon registration, there's no certification step to confirm before acting.
The longer a copy stays on the market, the more it can erode your product's distinctiveness and sales, across multiple member states at once. Brealant helps you act quickly and professionally, backed by rights that are enforceable from the day your design registers.
A letter is often effective, but it has real limits
No Guaranteed Compliance
The recipient may ignore or dispute the letter, requiring further action.
Not a Court Order
A letter has no binding legal force on its own — it's a demand, not an injunction.
Risk of Overreach
An unsupported or overreaching letter can create risk of a counterclaim, including a challenge to your design's validity.
Validity Can Be Tested
A recipient can respond by filing an invalidity action against your design, rather than simply complying.
Limited to the Named Party
A letter addresses one infringer at a time; it doesn't stop unrelated third parties elsewhere in the EU.
Brealant reviews your design rights carefully before sending anything.
A well-prepared letter protects several interests at once
Your Exclusive Rights
Your legal entitlement to control the appearance of your registered design across the EU.
Your Market Position
Preventing customer confusion and lost sales caused by a copycat product in any member state.
Your Evidence Trail
A documented record showing you actively enforce your design rights.
Your Product Reputation
Stopping copies that could be lower-quality or otherwise damaging to your brand.
Brealant makes sure your letter is firm, accurate, and legally sound before it's sent.
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This is one of the fastest enforcement tools available, since RCDs are enforceable from registration
Instruction
You provide details and evidence of the copied product.
Verification
Brealant confirms your design registration covers the copied product.
Drafting
We prepare a letter tailored to the specific infringement.
Sending
The letter is sent with a clear response deadline.
Brealant can typically prepare and send a design cease and desist letter within a few business days of receiving instructions and evidence.
This is a professional service rather than a government filing
There's no government fee for a cease and desist letter.
Brealant offers this as a fixed-fee service so you know the cost upfront before we act.
Brealant reviews your design rights carefully before sending anything.
No — unlike some jurisdictions, a Registered Community Design is enforceable immediately upon registration, with no separate certification step required.
We'll advise on further options, including negotiation or proceedings before a national EU design court.
Yes, though a takedown notice direct to the marketplace is often faster for online listings — our infringement & enforcement service can advise on the right combination.
An unsupported or overreaching letter can create risk, including a counterclaim challenging your design's validity, which is why Brealant reviews your rights carefully first.
Typically within a few business days, since your registration is enforceable from the moment it's granted.
This is typically a fixed-fee service, quoted after we review your registration and the copying in question — no EUIPO fee applies since no formal proceedings are filed.
Your registration certificate and evidence of the copying — such as product photos, listings, or packaging — is usually sufficient to prepare an effective letter.
No, it's a private communication between the parties, typically sent on a without-prejudice basis, and doesn't appear on the register.
Yes, in principle, since unregistered Community Design rights are also enforceable for 3 years from first EU disclosure, though a registered right gives a clearer, more certain basis.
A letter is a low-cost first step aimed at resolving the matter without litigation; formal proceedings before an EU design court are reserved for cases where the letter doesn't resolve the issue.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
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