How to Write a Cease and Desist Letter for Brand Bidding

A competitor is running Google Ads on your brand name. You've gathered your evidence, you've filed a Google trademark complaint, and the problem hasn't gone away. The next step in most cases is a cease and desist letter.

A cease and desist letter is not a lawsuit. It's a formal written request asking someone to stop a specific activity. It costs nothing beyond your time (or a modest solicitor's fee if you want legal input), and it resolves a surprising number of brand bidding disputes without further escalation.

This guide walks you through when a cease and desist letter is appropriate, what it should contain, how to strike the right tone, and what happens after you send it.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor if you are unsure about your legal position.

When is a cease and desist letter appropriate?

Not every brand bidding situation warrants a cease and desist letter. Before you write one, consider whether the situation genuinely crosses a line.

Appropriate situations

A cease and desist letter is appropriate when a competitor is:

Using your trademark in their ad copy — headlines, descriptions, or display URLs that include your brand name
Running ads that imply a false association with your business (e.g., "Official [Your Brand] Partner" or "Authorised [Your Brand] Dealer")
Using your brand name in their display URL paths to mislead searchers
Continuing to run infringing ads after you've filed a Google trademark complaint

Less appropriate situations

A cease and desist letter is less likely to be effective — and may undermine your credibility — when:

A competitor is simply bidding on your brand name as a keyword but not using your trademark in their ad copy (this is generally legal)
The competitor's ads are clearly distinguishable as belonging to a different company
The ads are appearing due to broad match keyword expansion rather than deliberate targeting

The strength of your cease and desist letter depends entirely on the strength of your underlying claim. If the competitor is doing something that is actually legal, sending a threatening letter won't change that — and it may damage the professional relationship.

What to include in your cease and desist letter

An effective cease and desist letter for brand bidding should contain the following elements, in roughly this order.

1. Your identity and trademark details

Start by clearly identifying yourself and your business. Include:

Your full company name and registration number
Your trademark registration number(s) and the classes covered
The date of trademark registration
The jurisdiction(s) where your trademark is registered

If you don't have a registered trademark, you can still send a cease and desist letter based on passing off, but your position is weaker. Consider whether applying for trademark registration should be a parallel step.

2. A clear description of the infringing conduct

Be specific about what the competitor is doing. Vague allegations undermine your credibility and make it harder for the recipient to comply. Include:

The exact search terms where their ads are appearing
The specific ad copy that uses your trademark (quote it verbatim)
The dates and times when you observed the ads
Screenshots with timestamps as supporting evidence

This is where proper evidence gathering pays off. Tools like SerpAlert create timestamped records of competitor ads on your brand keywords — ad copy, display URLs, landing pages, and the exact date and time each ad was served. This kind of documentation carries far more weight than a casual screenshot.

3. The legal basis for your claim

Clearly state the legal grounds on which you believe the conduct is infringing. In the UK, this typically includes one or more of:

Trade Marks Act 1994, Section 10 — use of a registered trademark in the course of trade without consent, in relation to identical or similar goods/services, where there is a likelihood of confusion
Passing off — misrepresentation that damages your goodwill (relevant even without a registered trademark)
Consumer Protection from Unfair Trading Regulations 2008 — if the advertising is misleading to consumers

You don't need to write a legal brief. A clear, concise statement of the relevant law is sufficient.

4. The specific action you are demanding

Be explicit about what you want the competitor to do. Ambiguity leads to delay and dispute. Typical demands include:

Immediately cease using your trademark in all Google Ads copy
Remove your trademark from all display URLs
Add your brand name as a negative keyword in their campaigns (if applicable)
Provide written confirmation that the above steps have been taken

Be realistic in your demands. Asking a competitor to stop bidding on your brand name as a keyword is not something you can legally enforce in most cases. Focus your demands on the ad copy violations that you can substantiate.

5. A reasonable deadline

Give the recipient a clear deadline to comply. Seven to fourteen working days is standard for a cease and desist letter. This gives the recipient enough time to review the letter, consult their own solicitor if they wish, and make the necessary changes to their campaigns.

6. Consequences of non-compliance

State clearly what you will do if the recipient does not comply by the deadline. This typically includes:

Filing a formal legal claim for trademark infringement
Seeking an injunction to prevent continued use
Claiming damages for any losses caused

Keep this section firm but measured. Extreme threats ("we will sue you into oblivion") undermine your professionalism. A calm statement of intended next steps is more effective.

Getting the tone right

The tone of your cease and desist letter matters more than most people think. You're trying to achieve a specific outcome — getting the competitor to stop — and the tone can either facilitate or obstruct that goal.

Firm but professional

The letter should be businesslike. You are putting a company on notice that they are infringing your rights and asking them to stop. You're not writing a rant, an emotional appeal, or a threat.

Avoid:

Personal attacks on the competitor or their staff
Emotional language ("outrageous," "disgusting," "theft")
Exaggeration of your legal position
Threats that you don't intend or cannot afford to carry out

Good cease and desist letters read like business correspondence, not angry emails. The recipient is far more likely to take you seriously — and to comply — if the letter is measured and precise.

Written by you or a solicitor?

You can write and send a cease and desist letter yourself. There is no legal requirement for it to come from a solicitor. However, a letter on a solicitor's letterhead does carry more weight, and it signals that you've already invested in legal advice and are prepared to escalate.

If your budget allows, having a solicitor draft or review the letter is worthwhile. If not, a well-written letter from you, referencing the correct legislation and supported by solid evidence, can be equally effective.

Assembling your evidence package

The evidence you include with your cease and desist letter significantly affects its impact. The stronger your evidence, the harder it is for the competitor to dismiss or ignore your letter.

Your evidence package should include:

Timestamped screenshots of the competitor's ads appearing on your brand searches
Full ad copy records including headlines, descriptions, display URLs, and final URLs
Date range showing how long the infringing ads have been running
Search terms that triggered the ads
Any records of consumer confusion — customer enquiries, misdirected phone calls, social media comments

If you're using SerpAlert to monitor your brand keywords, you'll already have most of this evidence in a structured format. The platform records competitor ad appearances with timestamps and full ad copy details, creating an evidence trail that is difficult to dispute.

Attach this evidence as appendices to your letter, referenced clearly in the body text.

What happens after you send the letter

Once you've sent your cease and desist letter, there are several possible outcomes.

The competitor complies

The best outcome. The competitor removes your trademark from their ad copy and confirms in writing that they've done so. In many cases, particularly where the infringement was unintentional, this is exactly what happens.

The competitor responds but disputes your claim

The competitor may argue that their use of your brand name is lawful, that their ads are not confusing, or that they have a right to reference your brand for comparative purposes. At this point, you need to assess whether their arguments have merit and decide whether to escalate.

The competitor ignores you

If the competitor does not respond by your deadline, you have a decision to make. You can:

Send a follow-up letter with a shorter deadline
Escalate to a solicitor if you haven't already
Begin formal legal proceedings

The competitor's failure to respond does not mean you've failed. The letter creates a paper trail that demonstrates you attempted to resolve the dispute amicably before pursuing legal action — which courts look upon favourably.

The competitor partially complies

Sometimes a competitor will make some changes but not fully address the issue. For example, they might remove your trademark from their headlines but leave it in their display URLs. In this case, acknowledge the steps taken, specify what remains non-compliant, and set a new deadline.

Escalation options beyond the cease and desist

If a cease and desist letter doesn't resolve the issue, your main options are:

Google trademark complaint — if you haven't already filed one, this should be done in parallel with the cease and desist. Our Google Ads trademark policy guide explains the full complaint process and what outcomes to expect
Solicitor engagement — a solicitor's letter carries additional weight and signals readiness for legal proceedings
Mediation — a structured negotiation process that is significantly cheaper and faster than litigation
Legal proceedings — a formal claim for trademark infringement, typically in the Intellectual Property Enterprise Court (IPEC) for smaller claims or the High Court for larger ones

The brand bidding cost calculator can help you estimate the financial impact of a competitor's brand bidding, which is useful when assessing whether the cost of legal proceedings is justified by the potential damages.

A practical template structure

While every cease and desist letter should be tailored to its specific circumstances, here is a structure you can follow:

Header — your company details, the date, the recipient's company details
Opening paragraph — identify yourself, state your trademark, and state the purpose of the letter
Description of the infringement — specific, evidence-backed details of what the recipient is doing
Legal basis — the relevant legislation and your grounds for complaint
Demands — exactly what you want the recipient to do
Deadline — a specific date by which compliance is required
Consequences — what will happen if the recipient does not comply
Closing — a professional sign-off, inviting the recipient to contact you with any questions

Keep the letter to two pages maximum. Clarity and brevity are your allies. For a ready-made starting point, see our cease and desist template for brand bidding which you can adapt to your specific situation.

Key takeaways

A cease and desist letter is a practical, low-cost step between a Google complaint and legal proceedings
Focus your demands on ad copy violations, not keyword bidding (which is generally legal)
Include specific, timestamped evidence of the infringing conduct
Strike a firm but professional tone — avoid emotional language and empty threats
Give a reasonable deadline of 7-14 working days
Be prepared to follow through on your stated consequences
Document everything — the letter itself, the evidence, and the competitor's response (or lack thereof)

A well-crafted cease and desist letter, backed by solid evidence, resolves the majority of brand bidding disputes. It demonstrates that you're serious about protecting your brand, creates a legal paper trail, and gives the competitor a clear off-ramp before things escalate.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor before taking legal action.