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The email hits your inbox on a Tuesday morning. Subject line: “Cease and Desist – Trademark Infringement.”

Your stomach drops.

A company you’ve never heard of, operating in a country you barely do business in, is claiming you’re infringing on their trademark. They’re demanding you stop using your brand name, change your website, and potentially pay damages.

This isn’t theoretical. I get calls like this every month from founders who’ve just received their first international cease-and-desist letter. The panic is real. The legal jargon is intimidating. And the immediate impulse is usually wrong.

Here’s what you need to know: most international cease-and-desist letters are either overreach, misunderstandings, or outright shakedowns. Very few have legitimate legal merit. But how you respond in the first 48 hours can make the difference between resolving this quickly or spending six figures fighting it.

This guide will walk you through exactly what to do when you get that letter—step by step, decision by decision, so you can respond strategically instead of emotionally. See our Enforcement strategy

Step 1: Don’t Panic (And Don’t Respond Immediately)

First 24 Hours: Do Nothing Public

When you get a cease-and-desist letter from overseas, your instinct might be to:

• Fire off an angry response
• Post about it on social media
• Immediately comply with their demands
• Ignore it completely

All of these are mistakes.

Instead, take a breath. You have time. Despite what the letter might say about “immediate action required” or “10-day deadline,” the reality is that international legal processes move slowly. A few days to assess won’t hurt you—but a hasty response absolutely can.

What the letter is designed to do: Create urgency and fear. Many overseas cease-and-desist letters are intentionally aggressive to provoke a quick settlement or compliance. Don’t give them that satisfaction.

What you should do instead:

• Save every piece of the communication (email, attachments, sender info)
• Don’t delete anything, even if it looks like spam
• Don’t forward it to your entire team yet (information spreads and creates panic)
• Don’t respond within the first 24-48 hours

You’re buying yourself time to think clearly and assess the actual threat.

Step 2: Analyze the Letter (Is This Even Legit?)

Not every cease-and-desist letter represents a real legal threat. Some are fishing expeditions. Others are from trademark squatters looking for a quick payout. Here’s how to tell the difference.

Red Flags That Suggest It’s Not Legitimate:

1. The sender is a “brand protection agency” or “IP enforcement firm” you’ve never heard of

Legitimate trademark owners usually send cease-and-desist letters through established law firms. If the letter comes from “Global Brand Protection Services LLC” with a Gmail address, that’s suspicious.

2. They demand immediate payment to “resolve the matter quickly”

Real legal disputes don’t get resolved with wire transfers to personal accounts. If they’re asking for money upfront to make this go away, it’s likely a shakedown.

3. The trademark they claim you’re infringing is in a completely different industry or market

Trademark rights are generally limited to specific classes of goods and services. If they’re claiming you’re infringing their restaurant trademark with your SaaS product, the claim is probably weak.

4. They can’t or won’t provide a trademark registration number

Any legitimate cease-and-desist should reference a specific trademark registration. If they’re vague about what trademark you’re supposedly infringing, they may not actually have one.

5. The language is overly aggressive or threatening with criminal penalties

Trademark disputes are civil matters, not criminal ones. If they’re threatening jail time or criminal prosecution, they’re either lying or completely incompetent.

Green Flags That Suggest It’s Legitimate:

1. The letter comes from a recognized law firm with verifiable credentials

You can Google the firm. They have a real website, real attorneys, and a physical address in the country they’re writing from.

2. They cite specific trademark registrations with numbers and jurisdictions

“Our client holds trademark registration No. 12345678 in the European Union for the mark ‘ACME’ covering software services.”

3. They provide clear evidence of their prior use or registration

Copies of trademark certificates, dates of first use, screenshots of their website or marketing materials showing prior use.

4. Their claim is geographically and commercially relevant

They’re operating in a market where you’re also operating, and there’s genuine potential for consumer confusion.

5. The letter is measured and professional, not hysterical

Real law firms don’t usually resort to ALL CAPS or threats of immediate destruction. They state facts, cite law, and make demands—but they do it professionally.

Step 3: Verify Their Claims Independently

Don’t take their word for it. Before you do anything else, verify whether they actually have the rights they claim.

How to Check International Trademark Registrations:

For European Union:

• Go to EUIPO’s eSearch Plus: euipo.europa.eu/eSearch
• Search for their trademark by name or registration number
• Verify: registration date, owner, goods/services covered, current status

For United Kingdom:

• Go to UK IPO: ipo.gov.uk/tmcase
• Search by trademark or registration number

For China:

• Use WIPO’s Global Brand Database: wipo.int/branddb
• Or hire local counsel to run an official search (language barrier makes DIY difficult)

For Other Countries:

• WIPO Global Brand Database covers 70+ countries
• Country-specific trademark offices (searchable online for most jurisdictions)

What You’re Looking For:

1. Does the trademark registration actually exist?

Sometimes people bluff. They’ll claim trademark rights they don’t have. Five minutes of searching can expose this.

2. When was it registered?

If you were using your brand before their registration date, you may have prior rights (depending on the jurisdiction).

3. What goods/services does it cover?

Trademarks are limited to specific categories. If their registration is for “restaurant services” and you’re selling software, there’s likely no infringement.

4. Is the registration still active?

Trademarks can lapse, be cancelled, or be opposed. Check the status. If it’s dead or abandoned, their claim is worthless.

5. Who owns it?

Is it owned by the company that sent you the letter? Or did they acquire it recently? Sometimes trademark trolls buy up abandoned marks just to threaten businesses.

Step 4: Assess the Actual Risk

Once you’ve verified their trademark exists and is active, you need to evaluate the real legal risk.

Key Questions to Answer:

1. Do you actually operate in their jurisdiction?

If they’re in France and you have zero customers in France, no French website, no French marketing, and no plans to enter France—their French trademark is largely irrelevant to you.

Trademark rights are territorial. A French trademark gives them rights in France, not globally.

2. Is there genuine likelihood of confusion?

This is the core test in most trademark disputes. Would an ordinary consumer confuse your business with theirs?

Factors that matter:

• Are you in the same or related industries?
• Are your products/services similar?
• Do you target the same customers?
• Are the marks visually, phonetically, or conceptually similar?

If you’re “Acme Software” and they’re “Acme Bakery,” confusion is unlikely.

3. Do you have stronger rights?

Even if they have a trademark registration, you might have superior rights if:

• You used the mark first (and can prove it)
• You registered it first in a more important market (like the US)
• Your brand is famous or well-known (higher threshold, but possible)

4. What are they actually asking you to do?

Read the demands carefully. Are they asking you to:

• Stop using the mark globally? (Overreach if they only have rights in one country)
• Pay damages? (For what? Where? Based on what theory?)
• Change your domain name? (Probably overreach unless it’s a country-specific domain)

5. What’s at stake if you ignore it?

Worst-case scenario: they sue you in their jurisdiction. What would that actually mean?

• Can they enforce a judgment against you if you have no assets in that country?
• Would you even need to defend the lawsuit if you don’t operate there?
• What are the practical business consequences (versus the legal ones)?

Step 5: Develop Your Response Strategy

Based on your analysis, you have several options. Here’s how to choose:

Strategy A: Ignore It (When Appropriate)

When to use this:

• You have zero business presence in their country
• Their claim is clearly frivolous or a shakedown
• You’ve verified they have no legitimate trademark rights
• The cost of responding exceeds any realistic risk

Risks:

• They might escalate (but if you’re not operating there, so what?)
• They could file a lawsuit (which they’d have trouble enforcing if you have no presence)

When NOT to use this:

• You have customers, revenue, or operations in their country
• You’re planning to expand there
• They’re a major competitor with resources to actually sue

Strategy B: Send a Polite “No” (Asserting Your Rights)

When to use this:

• You have legitimate rights (prior use, your own registration, different market)
• You want to signal you won’t be bullied
• You’re willing to defend your position if challenged

How to do it:

• Respond through an attorney (shows you’re serious but not panicking)
• Acknowledge their letter
• Politely dispute their claims with facts
• Assert your own rights (prior use, registration, lack of confusion)
• State clearly you will not comply with their demands

Sample framework (work with an attorney to customize):

We are in receipt of your letter dated [date] regarding alleged trademark infringement.

After reviewing your claims and conducting our own analysis, we respectfully disagree with your position for the following reasons:

1. [Your mark was registered/used before theirs]
2. [No likelihood of confusion due to different markets/industries]
3. [No actual business presence or operations in their jurisdiction]

Accordingly, we will continue using our trademark. Should you wish to discuss this matter further, please contact our counsel.

Strategy C: Negotiate (Finding Middle Ground)

When to use this:

• There’s some legitimate overlap or confusion risk
• You want to operate in their market eventually
• Fighting would be more expensive than compromising
• A coexistence agreement makes business sense

What to negotiate:

• Geographic limitations (you use the mark in US, they use it in EU)
• Industry/product limitations (you use it for software, they use it for consulting)
• Visual distinctions (slightly different logos, taglines, colors)
• Licensing arrangement (you pay them a small fee to coexist)

Sample coexistence framework:

• “We’ll add a geographic indicator to avoid confusion (e.g., Acme Software USA vs. Acme Software Europe)”
• “We’ll use different logos/visual branding in overlapping markets”
• “We’ll stay out of Market X, you stay out of Market Y”

Strategy D: Comply (Strategic Retreat)

When to use this:

• Their rights are clearly stronger
• You’re infringing and you know it
• Fighting would cost more than rebranding
• The brand isn’t that important to your business anyway

How to do it:

• Negotiate the terms (timeline, geography, transition period)
• Don’t admit liability (even if you’re complying, don’t sign something that says you were wrong)
• Get something in return (extended timeline, no damages, assistance with transition)

This is rare, but sometimes it’s the smart business move.

Step 6: Involve the Right Legal Help

You need an attorney for this. But not just any attorney.

What Kind of Attorney You Need:

1. Someone with cross-border IP experience

Not your general corporate lawyer. Not even a domestic IP lawyer unless they have international experience. You need someone who understands how trademark law works across jurisdictions.

2. Ideally, someone with knowledge of the specific country

If it’s a European dispute, work with someone who knows European trademark law. If it’s China, you need someone with China expertise.

3. Someone who thinks commercially, not just legally

The best IP attorneys understand that this is a business problem, not just a legal one. They’ll help you evaluate cost vs. benefit, not just whether you’d win in court.

What to Ask Your Attorney:

• What’s the realistic worst-case scenario if we ignore this?
• What’s the realistic worst-case scenario if we fight and lose?
• What would it cost to defend a lawsuit in their jurisdiction?
• Do we have stronger rights than they’re claiming?
• What’s the fastest, cheapest way to resolve this?

When to Hire Local Counsel in Their Country:

If you’re actually going to fight this or negotiate seriously, you’ll need local representation. A US attorney can guide strategy, but if this escalates to litigation in France, you need a French lawyer.

Budget for this. International legal work isn’t cheap. A simple response letter might cost $2,000-$5,000. A full defense could be $50,000-$200,000+ depending on the country and complexity.

Step 7: Document Everything and Prepare for Escalation

Even if you decide to ignore the letter or send a polite “no,” you should prepare for the possibility they escalate.

What to Document:

1. Evidence of your prior use

• Dated screenshots of your website (use Wayback Machine: archive.org)
• Marketing materials with dates
• Domain registration records
• Incorporation documents
• First sales receipts or invoices

2. Evidence of your trademark rights

• Your trademark registrations (US and any other countries)
• Proof of continuous use
• Evidence of brand recognition or fame

3. Evidence that you’re not infringing

• Differences between your marks
• Different markets or customer bases
• Lack of overlap in goods/services
• Geographic separation

4. Their overreach

• If they’re claiming rights they don’t have
• If they’re demanding more than trademark law allows
• If their threats are inconsistent with the actual law

Building Your Defense File:

Create a folder (physical or digital) with:

• All correspondence with them
• Trademark search results and registrations
• Your evidence of prior use and rights
• Analysis of why their claim fails
• Timeline of events
• Legal research or memos from your attorney

If this goes to litigation, you’ll need all of this. Better to compile it now while it’s fresh.

Common Mistakes That Make Things Worse

I’ve seen businesses turn manageable trademark disputes into expensive nightmares. Here’s what NOT to do:

Mistake #1: Admitting Infringement in Writing

Never say: “We didn’t know about your trademark” or “We’ll stop using the mark.”

Even if you’re planning to comply, don’t admit you did anything wrong. Any written admission can be used against you later.

Mistake #2: Making Threats You Can’t Back Up

Don’t say: “We’ll sue you for harassment!” unless you actually plan to and have grounds to.

Empty threats make you look weak and desperate.

Mistake #3: Negotiating Directly Without Counsel

The other side’s attorney is negotiating from a position of knowledge. You’re not. You’ll agree to things you shouldn’t, or reject offers you should take.

Get a lawyer involved before you start negotiating.

Mistake #4: Assuming Foreign Law Works Like US Law

Every country’s trademark system is different. Don’t assume your US rights protect you everywhere, or that their foreign rights threaten you everywhere.

Mistake #5: Panicking and Rebranding Immediately

I’ve seen companies spend $100,000 rebranding in response to a cease-and-desist that had zero legal merit. Don’t make expensive decisions under pressure.

When to Fight Back (And How)

Sometimes the right move is offense, not defense.

You Should Consider Counterattacking If:

1. They’re trademark squatters

They registered your brand name in bad faith, knowing you were using it, hoping to extract payment.

Response: File a cancellation action or opposition in their jurisdiction. Many countries allow cancellation of trademarks registered in bad faith.

2. Their trademark registration is invalid

Maybe it’s descriptive, generic, or conflicts with your earlier rights.

Response: Challenge the validity of their trademark through cancellation proceedings.

3. They’re trying to expand beyond their legitimate scope

They have a trademark for restaurants but they’re threatening your software company.

Response: Assert that their rights don’t extend to your industry and offer to resolve this quickly—or fight if they won’t back down.

4. This is a competitor using IP law as a weapon

Sometimes cease-and-desist letters are competitive tactics disguised as legal disputes.

Response: Expose the tactic. Consider whether antitrust or unfair competition claims apply. Don’t let them bully you out of the market.

Real-World Example: How One Founder Handled This

A SaaS founder came to me after receiving a cease-and-desist from a German company claiming trademark infringement. The German company had registered the mark in the EU two years earlier. The SaaS founder had been using the mark in the US for five years and had a US trademark.

The demand: Stop using the mark globally, pay €50,000 in damages, transfer the domain name.

Our analysis:

• The SaaS company had zero EU customers (all US-based)
• No plans to expand to Europe in the next 3 years
• Prior rights in the US dating back five years
• The marks were similar but used in slightly different contexts

Our response:

• Sent a polite letter asserting US rights and lack of EU operations
• Proposed geographic coexistence: they keep EU, founder keeps US
• Offered to add a geographic indicator if expansion plans change

Outcome:

• They agreed to coexistence
• No money changed hands
• Founder kept operating in the US without changes
• If expansion to EU happens, they’ll add a geographic indicator

Total cost: $5,000 in legal fees. Avoided: potential $100K+ fight and unnecessary rebranding.

Your Action Plan (What to Do Right Now)

If you’re reading this because you just got a cease-and-desist letter, here’s your immediate checklist:

Day 1:

• [ ] Save all correspondence and evidence
• [ ] Don’t respond yet
• [ ] Don’t post publicly about it
• [ ] Don’t panic

Day 2-3:

• [ ] Verify their trademark claims independently
• [ ] Search WIPO, EUIPO, or relevant trademark databases
• [ ] Assess whether their claims have merit
• [ ] Document your own prior use and rights

Day 4-7:

• [ ] Consult with a cross-border IP attorney
• [ ] Get a realistic assessment of risk and options
• [ ] Decide on your strategy (ignore, respond, negotiate, comply)
• [ ] Draft response with attorney (if responding)

Day 8-14:

• [ ] Execute your chosen strategy
• [ ] If responding: send professional, fact-based response
• [ ] If negotiating: propose reasonable coexistence terms
• [ ] If ignoring: monitor for escalation
• [ ] Build your defense file

Need Help Responding to an International Cease-and-Desist?

This is exactly the kind of situation where having experienced cross-border IP counsel makes the difference between a $5,000 resolution and a $100,000 nightmare.

If you’re dealing with an international trademark dispute or cease-and-desist letter, I offer free 15-minute strategy calls to help you:

• Assess whether their claims have merit
• Understand your realistic options
• Decide whether to fight, negotiate, or ignore
• Connect with local counsel if needed

Book a free 15-minute cease-and-desist strategy call →

Or download my free guide: “International Cease-and-Desist Response Template” with sample language for different scenarios.

Don’t let an aggressive letter from overseas derail your business. Get strategic advice before you respond.

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About the Author

Cameron Reid is the co-founder of CrossBorderIP, where he advises SaaS companies, tech startups, and emerging technology innovators on international IP strategy. With over 20 years of experience spanning Big Law, in-house counsel roles, and startup advisory, Cameron specializes in helping technology companies protect and scale their IP globally—particularly across US and Asia-Pacific markets. He believes the best IP strategy is one that serves your business goals, not the other way around.

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Disclaimer: This article provides general information about international IP strategy and should not be relied upon as legal advice. IP laws vary significantly by jurisdiction, and every business situation is unique. For specific guidance on your IP protection needs, please consult with a qualified attorney in your jurisdiction.

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