A lawyer's letter (cease-and-desist letter) is often effective against mild infringement, unknowing use, and free-riding operators, prompting them to stop voluntarily at very low cost; against professional counterfeiters it is basically ineffective—but for both types it has one common value: fixing evidence that the other side knew, paving the way for later punitive damages and bad-faith findings.
What a Lawyer's Letter Can Do
- Notifying of the right: making the other side clearly aware of the trademark ownership and the infringing facts—many unintentional infringers will rectify and take down voluntarily;
- Fixing the starting point of bad faith: if the other side continues infringing after service of the letter, its subjective malice has written evidence, matching the conditions for punitive damages under Article 63;
- Facilitating settlement: opening channels for licensing negotiations and damages talks, avoiding the cost of immediate litigation;
- Limitation-period significance: a clear record of asserting rights also matters when claiming the damages amount.
Limitations and Risks
- It deters large-scale counterfeiters only limitedly and may instead tip them off, prompting them to move inventory and delete evidence; in major cases, evidence collection and preservation should come before sending the letter;
- If the letter's contents are unfounded, it may constitute commercial disparagement or unfair competition;
- The recipient may preemptively file a declaratory action of non-infringement, seizing procedural initiative—assess the solidity of your own infringement theory before sending.
Drafting and Service Essentials
- State the trademark registration number, approved goods, the infringing facts (links, goods, dates), and the legal basis clearly, with explicit demands and a deadline;
- Serve in a traceable manner: EMS with the document name noted on the waybill, email, and platform internal messages, keeping signature records;
- Keep an objective, restrained tone and make no unprovable allegations.
In short: a lawyer's letter is a light weapon in the enforcement toolkit, suited as a first probe and for fixing evidence, but not for single-handedly bearing the task of striking organized infringement.
If you are facing these issues, you may first run a trademark monitoring check on MyTMBee, confirm feasibility, and then decide whether to file—avoiding blind filings that waste official fees.