Cease and Desist Letter for Trademark Counterfeiting 
[Date]
CERTIFIED LETTER, RRR
Dear [name of Infringer]:
Re.: Counterfeiting of U.S. Trademark Registration
[name of Trademark Owner]
Please be advised that [name of Trademark Owner] is the owner of all right, title and interest in and to the mark [name of Trademark] for [description of goods or services] in International Class [Class number]. This mark was registered with the United States Patent & Trademark Office on [date of registration] as U.S. Registration No. [registration number] with first use claimed at least as early as [date of use]. A copy of the registration is attached.
Our client just learned that [name of Infringer] has begun to use the subject mark in conjunction with [description of goods or services]. It is our opinion that the marketing of such a product under such a mark constitutes an infringement of our client’s registered trademark, if not actual counterfeiting under 15 U.S.C. § 1127 (2006) as the goods and/or services on which the Trademark is being used are the same. A “counterfeit mark” is defined as “a counterfeit of a mark that is registered on the principal register in the United States Patent and Trademark Office for such goods or services sold, offered for sale, or distributed and that is in use, whether or not the person against whom relief is sought knew such mark was so registered.”
[Name of Trademark Owner] will be substantially and irreparably damaged should this infringement and counterfeiting continue. We therefore demand that [name of Infringer] immediately cease and desist from the sale and offering for sale of these counterfeit products. In order to mitigate further damages, the following actions on your part are required:
•	immediate discontinuance of all use of the subject mark;
•	turning over to our client’s representative all materials in your possession which bear the subject mark; and
•	an accounting of all sales made to date of products and/or services bearing such mark.
Please understand that should you not immediately take the above actions and should litigation become necessary, we will also demand:
•	an award of damages for all lost sales and profits; and
•	an award of attorneys’ fees.
Please understand that under the Lanham Act, a trademark owner is entitled to an award of statutory damages between $1,000 and $100,000 per “counterfeit mark,” and up to $2,000,000 per counterfeit mark per type of goods or services if the counterfeiting was willful.
Unless we receive your reply by [date], we will presume that you do not intend to voluntarily take the necessary actions outlined above and we will have no alternative but to recommend to our client that they commence immediate legal action.
We await your response.
Very truly yours,
[counsel for Trademark Owner]