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UK IP Cease and Desist Letter
Draft a UK cease and desist letter for trade mark (TMA 1994 s.10), registered design (RDA 1949 s.7) or patent (PA 1977 s.60) infringement compliant with the safe-harbour permitted-communications framework introduced by the Intellectual Property (Unjustified Threats) Act 2017. Failure to comply with the 2017 Act exposes the SENDER to a groundless threats counter-claim — declaration, injunction, and damages. Includes primary / secondary infringer classification, undertaking schedule (cease, delivery up, account of profits, damages, publication, costs), pre-action protocol compliance, IPEC vs High Court forum selection, ADR / mediation, and professional-adviser protection.
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Marley and Reed LLP (for Brookhaven Roastery Limited)
6 Lincoln's Inn Fields, London WC2A 3JA
4 June 2026
Highbridge Specialty Coffee Co Ltd
For the attention of the Managing Director
Unit 4, Salisbury Trading Estate, Manchester M14 5BL
RE: Cease and Desist — Alleged Infringement of UK trade mark registered under the Trade Marks Act 1994
IP (Unjustified Threats) Act 2017 compliant · 14-day response
Dear Sir / Madam,
Cease and desist — alleged infringement of intellectual property rights.
We are instructed by Brookhaven Roastery Limited (the Rights Holder) in relation to a UK trade mark registered under the Trade Marks Act 1994. Our client requires us to draw to your attention the matters set out below.
This letter is sent as a permitted communication under the Intellectual Property (Unjustified Threats) Act 2017, on the express basis that it is limited to information necessary for the permitted purpose of putting you on notice of the Rights Holder's registered right and inviting cessation of the conduct identified.
Cease and desist — alleged infringement of intellectual property rights.
We are instructed by Brookhaven Roastery Limited (the Rights Holder) in relation to a UK trade mark registered under the Trade Marks Act 1994. Our client requires us to draw to your attention the matters set out below.
This letter is sent as a permitted communication under the Intellectual Property (Unjustified Threats) Act 2017, on the express basis that it is limited to information necessary for the permitted purpose of putting you on notice of the Rights Holder's registered right and inviting cessation of the conduct identified.
1. The intellectual property right. The Rights Holder is the proprietor of a UK trade mark registered under the Trade Marks Act 1994 bearing UK Registration Number UK00003867432 covering class 30 (coffee, tea, cocoa) and class 43 (café services), registered with effect from 11 March 2022. The Rights Holder's entitlement to enforce the right is conferred by section 10 of the Trade Marks Act 1994.
2. The alleged infringing acts. The Rights Holder has identified that you are manufacturing, marketing and selling a range of coffee products under the brand "BROOKHAVEN BLEND" via your website www.highbridgecoffee.co.uk and via wholesale to at least 14 UK independent retailers (a non-exhaustive list of which is enclosed at Annex A). The "BROOKHAVEN BLEND" sign is identical or confusingly similar to the Rights Holder's registered trade mark BROOKHAVEN (UK00003867432) in respect of goods that are identical to the goods for which the trade mark is registered. The use causes confusion among the relevant section of the public and takes unfair advantage of the distinctive character of the Rights Holder's trade mark within section 10(1) and (3) of the Trade Marks Act 1994.
The Rights Holder first became aware of the activity on 20 May 2026.
These acts amount, in our view, to infringement of the Rights Holder's registered right under section 10 of the Trade Marks Act 1994.
The Rights Holder first became aware of the activity on 20 May 2026.
These acts amount, in our view, to infringement of the Rights Holder's registered right under section 10 of the Trade Marks Act 1994.
3. Permitted purpose under the IP (Unjustified Threats) Act 2017. This communication is sent for the permitted purposes of: (a) giving you notice that the registered right described in paragraph 1 exists; (b) putting you on notice as a person responsible for the acts described in paragraph 2; (c) requesting you to cease the activity described in paragraph 2; and (d) inviting an undertaking from you to refrain from any further such activity. The information set out in this letter is limited to what is necessary for those permitted purposes, in accordance with the safe-harbour framework in sections 21A-21F of the Trade Marks Act 1994 (inserted by the IP (Unjustified Threats) Act 2017). The Rights Holder expressly declares that this communication is a permitted communication within the meaning of the 2017 Act. The Rights Holder confirms that the recipient's conduct constitutes acts of primary infringement.
For the avoidance of doubt: we identify our client as Brookhaven Roastery Limited. Our role as instructed solicitors does not give rise to personal liability for unjustified threats — IP (Unjustified Threats) Act 2017 professional adviser protection.
For the avoidance of doubt: we identify our client as Brookhaven Roastery Limited. Our role as instructed solicitors does not give rise to personal liability for unjustified threats — IP (Unjustified Threats) Act 2017 professional adviser protection.
4. Action required from you. The Rights Holder invites you to give the following written undertakings within 14 days of the date of this letter:
(a) Cease and desist from any further use of the infringing sign / design / patented invention in the course of trade.
(b) Deliver up or destroy any infringing goods, materials, marketing collateral and packaging in your possession, custody or control.
(c) Account for all profits derived from the infringing activity.
(d) Pay damages in respect of the infringement, in such sum as may be agreed or determined by the court.
(f) Reimburse the Rights Holder's reasonable costs incurred in this matter.
Further detail of required undertakings: The undertakings should be given in the form of a signed deed of undertaking (template enclosed at Annex B) and should cover: (i) all variants of the infringing sign, including BROOKHAVEN, BROOKHAVEN BLEND, BROOK HAVEN, BROOKHAVENS, and any visually or phonetically similar variant; (ii) all UK channels including online (website, marketplaces, social media), offline (retail, wholesale, trade shows), and printed materials; (iii) supplier and customer notification of the cessation; and (iv) a sworn statement under CPR Part 22 confirming compliance.
(a) Cease and desist from any further use of the infringing sign / design / patented invention in the course of trade.
(b) Deliver up or destroy any infringing goods, materials, marketing collateral and packaging in your possession, custody or control.
(c) Account for all profits derived from the infringing activity.
(d) Pay damages in respect of the infringement, in such sum as may be agreed or determined by the court.
(f) Reimburse the Rights Holder's reasonable costs incurred in this matter.
Further detail of required undertakings: The undertakings should be given in the form of a signed deed of undertaking (template enclosed at Annex B) and should cover: (i) all variants of the infringing sign, including BROOKHAVEN, BROOKHAVEN BLEND, BROOK HAVEN, BROOKHAVENS, and any visually or phonetically similar variant; (ii) all UK channels including online (website, marketplaces, social media), offline (retail, wholesale, trade shows), and printed materials; (iii) supplier and customer notification of the cessation; and (iv) a sworn statement under CPR Part 22 confirming compliance.
5. Pre-action protocol and proposed forum. This letter is sent in compliance with the Practice Direction on Pre-Action Conduct and Protocols (PD-PACP). Failing receipt of the undertakings sought within 14 days, the Rights Holder reserves the right to commence proceedings without further notice in the Intellectual Property Enterprise Court (IPEC), where costs are capped under CPR Part 45 Section IV. The Rights Holder is willing to consider Alternative Dispute Resolution (ADR) including mediation, in advance of issue of proceedings, to seek a commercial resolution of this matter. Under CPR 44.2, failure to comply with the pre-action protocol may attract costs sanctions.
6. Reservation of rights. Without prejudice to the generality of the above, the Rights Holder reserves the right to apply forthwith for an interim injunction in accordance with CPR Part 25, an order for delivery up or destruction under section 16 of the Trade Marks Act 1994, an order for an account of profits or damages, and an order for costs on the indemnity basis. Nothing in this letter is to be taken as a waiver of any right or remedy.
This letter is governed by the law of England and Wales. We invite a substantive response within the 14-day period stipulated above.
Yours faithfully,
This letter is governed by the law of England and Wales. We invite a substantive response within the 14-day period stipulated above.
Yours faithfully,
SIGNED
For and on behalf of Marley and Reed LLP
Solicitors for Brookhaven Roastery Limited (Rights Holder) · 4 June 2026
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a UK IP Cease and Desist Letter?
A UK IP cease and desist letter is a formal pre-action letter sent by the proprietor of a registered intellectual property right — a UK trade mark under the Trade Marks Act 1994, a registered design under the Registered Designs Act 1949, a patent under the Patents Act 1977, or (in some contexts) a copyright under the Copyright, Designs and Patents Act 1988 — to a person alleged to be infringing that right. The letter has four jobs: it identifies the registered right; it describes the alleged infringing acts; it demands a structured schedule of undertakings (cease and desist, delivery up, account of profits, damages, costs); and it puts the recipient on notice that proceedings may be issued if the undertakings are not given within a stated response period (typically 14-28 days; 14 days is the Intellectual Property Enterprise Court (IPEC) norm).
Since the <em>Intellectual Property (Unjustified Threats) Act 2017</em> came into force, UK IP cease and desist letters must be drafted within a strict safe-harbour framework or risk exposing the SENDER to a counter-claim for groundless threats — declaration, injunction, and damages. The 2017 Act applies to patents, trade marks, and registered + unregistered designs (copyright is excluded from the threats regime). The communication must be made for a <strong>permitted purpose</strong> (giving notice that the right exists; discovering whether or by whom primary infringement has occurred; requesting cessation or delivery up) and limited to <strong>information necessary</strong> for that purpose. Threats to <strong>primary infringers</strong> (manufacturers, importers, principal users) are permitted; communications to <strong>secondary infringers</strong> (retailers, distributors, end customers) are restricted to permitted-purpose information only.
The 2017 Act also clarifies that professional advisers — solicitors, trade-mark attorneys, patent attorneys — who identify their client in the communication are not personally liable for unjustified threats. This is a material protection for UK IP practitioners: pre-2017, advisers could be sued personally for groundless threats sent on behalf of clients. Our template generates a 2017 Act-compliant letter with explicit safe-harbour declarations, primary / secondary infringer classification, and professional-adviser protection — and adds, in Expert mode, the pre-action protocol compliance under <em>Practice Direction on Pre-Action Conduct and Protocols (PD-PACP)</em>, the IPEC vs High Court forum selection, ADR / mediation offer, and the CPR Part 25 interim injunction reserve.
What's Covered in This Template
Our UK IP Cease and Desist Letter template generates a 2017 Act-compliant pre-action letter for trade mark, design and patent enforcement.
Sender + Solicitor Identification
Rights holder identity, instructed solicitors with address — critical for 2017 Act professional-adviser protection.
Recipient Classification — Primary or Secondary
Primary infringer (manufacturer / importer / principal user) — threats permitted; secondary infringer (retailer / distributor / end customer) — restricted communications only.
IP Right Identification
UK trade mark, registered design, patent, or multi-IP — with registration number, classes, registration date.
Infringing Acts Description
Factual description of the alleged infringement — limited to information necessary for the permitted purpose under the 2017 Act.
Permitted Purpose Declaration
Express declaration that the communication is for permitted purposes — notice of right, discovery of primary infringement, request cessation, request delivery up.
2017 Act Safe-Harbour Compliance
TMA 1994 ss.21A-21F, RDA 1949 s.26, PA 1977 s.70 — all inserted or revised by the 2017 Act framework.
Undertaking Schedule (Expert)
Cease and desist, delivery up / destruction, account of profits, damages, publication, costs reimbursement — structured demands with form-of-deed guidance.
Pre-Action Protocol Compliance (Expert)
Express reference to PD-PACP and the CPR 44.2 costs sanctions for failure to comply.
IPEC vs High Court Forum (Expert)
Intellectual Property Enterprise Court (IPEC, costs capped £50,000 per side) vs High Court Business and Property Courts Chancery Division.
ADR / Mediation Offer (Expert)
Optional offer of Alternative Dispute Resolution / mediation before issue — strongly encouraged under PD-PACP.
CPR Part 25 Interim Injunction Reserve (Expert)
Express reservation of right to apply forthwith for interim injunctive relief under CPR Part 25, account of profits, delivery up, and indemnity costs.
Professional-Adviser Protection (Expert)
Explicit client identification — solicitors and IP attorneys are not personally liable for unjustified threats under the 2017 Act provided the client is identified.
How to Create a UK IP Cease and Desist Letter
Follow these steps to draft a 2017 Act-compliant UK IP cease and desist letter.
- 1
Identify the Sender and Instructed Solicitors
Enter the rights holder's full legal name and UK address. If you are instructed solicitors, enter your firm name and address — the letter will be sent on the firm's letterhead with the rights holder identified as your client (critical for 2017 Act professional-adviser protection).
- 2
Classify the Recipient — Primary or Secondary
Identify the recipient and their address. Critically, classify them as PRIMARY infringer (manufacturer, importer, principal user — threats permitted) or SECONDARY infringer (retailer, distributor, end customer — restricted communications only). Misclassifying the recipient is the most common drafting error and the most common trigger of a groundless threats counter-claim.
- 3
Identify the IP Right and the Infringing Acts
Select the type of IP right (trade mark, registered design, patent, multi-IP), enter the UK registration number, registration classes (for trade marks), and registration date. Describe the alleged infringing acts factually — limited to information necessary for the permitted purpose. Enter the response period (typically 14-28 days; 14 days is the IPEC norm). Select the governing jurisdiction (England & Wales, Scotland, Northern Ireland).
- 4
Confirm 2017 Act Safe-Harbour Compliance and Demanded Undertakings (Expert)
In Expert mode, confirm the safe-harbour declarations (permitted purpose, necessary information only, primary infringer classification, professional adviser identification). Demand the structured schedule of undertakings — cease and desist, delivery up / destruction, account of profits, damages, publication, costs reimbursement — with detail on the form of deed and channel coverage.
- 5
Add Pre-Action Protocol and Forum Selection (Expert)
In Expert mode, add the pre-action protocol PD-PACP compliance reference, select the proposed forum (IPEC for costs-capped multi-track IP cases; High Court Business and Property Courts Chancery Division for higher-value cases), offer ADR / mediation, and reserve rights expressly under CPR Part 25 (interim injunction), CPR Part 22 (statement of truth), and CPR 44.2 (costs sanctions).
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Legal Considerations
UK IP cease and desist drafting is a specialist area — the 2017 Act safe-harbour rules are strict; the consequences of getting it wrong (groundless threats counter-claim) are material.
This template is for informational purposes only and does not constitute legal advice. UK IP enforcement is technical — consult a qualified UK IP solicitor, trade-mark attorney, or patent attorney before relying on this letter, particularly for high-value rights, multi-IP claims, or international enforcement.
Reviewed for England & Wales IP law and the IP (Unjustified Threats) Act 2017
IP (Unjustified Threats) Act 2017 — Safe-Harbour Framework
The Intellectual Property (Unjustified Threats) Act 2017 modernised the UK groundless threats regime applicable to patents, trade marks, and registered + unregistered designs. The Act inserted new ss.21A-21F into the Trade Marks Act 1994, revised s.26 of the Registered Designs Act 1949, revised s.70 of the Patents Act 1977, and inserted s.253A into the CDPA 1988 for unregistered designs. Copyright is excluded from the threats regime. The Act introduced the "permitted communications" safe-harbour: a communication is not actionable as a threat if it is made for a permitted purpose, contains only information necessary for that purpose, and the person making the communication reasonably believes the information is true. Threats to primary infringers are permitted; threats to secondary infringers are restricted to permitted-communication-only content.
Permitted Purposes — TMA 1994 s.21A
Section 21A of the Trade Marks Act 1994 (inserted by the 2017 Act) lists the permitted purposes for a communication: (a) giving notice that a trade mark exists; (b) discovering whether or by whom a trade mark has been infringed by an act of primary infringement; (c) giving notice that a person has an interest in or right under a trade mark; (d) requesting a person to cease using a sign in the course of trade in relation to goods or services; (e) requesting a person to deliver up or destroy goods. Equivalent permitted purposes apply for registered designs under s.26 RDA 1949 and patents under s.70 PA 1977. Our template captures each permitted purpose explicitly.
Primary vs Secondary Infringers
The 2017 Act draws a critical distinction between primary and secondary infringers. PRIMARY infringers are the manufacturers, importers, and principal users of an infringing sign / design / patented invention — threats are permitted. SECONDARY infringers are the retailers, distributors, and end customers stocking or using infringing goods — threats are RESTRICTED to permitted-communication-only content (typically just notice of the right + request to cease, without specific infringement allegations or remedy demands). Misclassifying a secondary infringer as a primary infringer and threatening them with broader allegations triggers the groundless threats counter-claim — declaration, injunction, and damages payable by the sender.
Pre-Action Protocol, IPEC, and Interim Injunctions
The Practice Direction on Pre-Action Conduct and Protocols (PD-PACP) applies to all UK civil litigation including IP claims. Failure to comply may attract costs sanctions under CPR 44.2. For IP claims, the Intellectual Property Enterprise Court (IPEC) provides a costs-capped specialist forum under CPR Part 45 Section IV — costs limited to £50,000 per side, plus £25,000 per side for damages enquiry. Higher-value claims proceed in the High Court Business and Property Courts Chancery Division. Interim injunctions are governed by CPR Part 25 and the American Cyanamid v Ethicon [1975] AC 396 framework (serious issue to be tried, balance of convenience, status quo). Our template reserves these rights expressly.
Frequently Asked Questions
Draft Your UK IP Cease and Desist Letter Now
Use our free template to draft a UK trade mark, registered design, patent, or multi-IP cease and desist letter compliant with the Intellectual Property (Unjustified Threats) Act 2017 safe-harbour framework — primary / secondary classification, permitted-purpose declarations, structured undertaking schedule, pre-action protocol compliance, IPEC vs High Court forum selection, ADR offer, and CPR Part 25 interim injunction reserve. Suitable for any UK IP enforcement matter.
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