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When another business is using a name, logo, or mark that's confusingly similar to yours anywhere in the EU, a well-drafted cease and desist letter is often the fastest, most cost-effective way to stop it. Our team at Brealant prepares and sends these letters on your behalf.
Legal Definition of a Cease & Desist Letter
A cease and desist letter formally notifies another party that their use of a mark infringes your EUTM or national trademark rights under EU Trade Mark Regulation 2017/1001.
Purpose and Function of the Letter
It demands the infringing use stop within a set timeframe, and is typically the first step in enforcement, before any court action before a national EU trademark court.
Protecting Your Brand
Acting promptly on infringement signals that you actively protect your rights across the EU, and often resolves the matter without further escalation.
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Contact
Reach out to Brealant with details of the infringing use you've identified.
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Search
We review your trademark rights and gather evidence of the infringing use.
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Quote
Receive a fixed-fee quote for the letter and any follow-up correspondence.
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Pay
Proceed with secure payment for the service.
File
Brealant drafts and sends the letter to the infringing party with a response deadline.
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Wait
We monitor for the other party's response within the deadline given.
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Response
We advise on next steps based on the response received — negotiation, further correspondence, or formal action.
In the European Union, a cease and desist letter sets out your EUTM rights, describes the infringing use, and demands it stop within a defined period. Because your EUTM rights apply across every member state, a clear, well-evidenced letter can address use anywhere in the EU without needing separate national letters.
Delaying enforcement can weaken your position and allow the infringing use to become more established, and more damaging to your brand, across multiple member states. Brealant helps you act quickly and professionally to protect your EU-wide rights.
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.
Doesn't Fix Registration Gaps
If your own rights aren't registered or well-evidenced across the relevant member states, the letter carries less weight.
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 rights carefully before sending anything, to keep your position strong.
A well-prepared letter protects several interests at once
Your Exclusive Rights
Your legal entitlement to control use of your registered mark across the EU.
Your Market Position
Preventing customer confusion and dilution caused by a similar mark in any member state.
Your Evidence Trail
A documented record showing you actively enforce your rights, useful if further action is later needed.
Your Brand Reputation
Stopping use that could be lower-quality or otherwise damaging to your brand's reputation across the bloc.
Brealant makes sure your letter is firm, accurate, and legally sound before it's sent.
This is one of the fastest enforcement tools available
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Instruction
You provide details and evidence of the infringing use.
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Review
Brealant confirms your rights and assesses the strength of the claim.
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Drafting
We prepare a letter tailored to the specific infringement and jurisdiction involved.
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Sending
The letter is sent with a clear response deadline.
Brealant can typically prepare and send a cease and desist letter within a few business days of receiving instructions and evidence.
This is a professional service rather than a government filing
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There is 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.
Fixed pricing means you can act quickly without worrying about open-ended costs.
If the letter doesn't resolve the matter, Brealant advises on further options, including negotiation, mediation, or formal proceedings before a national EU trademark court capable of granting EU-wide relief.
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A registered EUTM strengthens your position considerably, but earlier national rights or, in limited cases, well-known mark status can also support a letter.
Brealant will advise on further options, which can include escalation, mediation, or formal proceedings before an EU trademark court.
Yes — because EUTM rights are unitary, one letter can address infringing use wherever it occurs within the EU.
Yes, though for marketplace listings a takedown notice direct to the platform is often faster — our infringement & enforcement service can advise on the best combination of approaches.
Typically within a few business days of receiving your instructions and supporting evidence.
This is typically a fixed-fee service, quoted upfront once we've reviewed your rights and the infringing use — there's no EUIPO fee involved since no proceedings are filed.
An unsupported or overly aggressive letter can prompt a counterclaim challenging your trademark's validity, so Brealant reviews the strength of your rights before drafting.
Your registration details and evidence of the infringing use — screenshots, product listings, or samples — are usually enough for us to draft an effective letter.
It's a private communication between the parties, often sent on a without-prejudice basis, and doesn't appear on the EUIPO register or any public file.
A letter is a low-cost first step aimed at resolution without litigation; formal proceedings before an EU trademark court are reserved for cases where the letter is ignored or the infringement is serious.
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. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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