Cease and Desist Letter Template for Brand Bidding
Cease and Desist Letter Template for Brand Bidding
Sometimes the fastest way to stop a competitor from running misleading ads on your brand terms isn't through Google's complaint process — it's a direct letter to the competitor themselves. A well-written cease and desist letter can resolve brand bidding disputes in days rather than weeks, often without ever involving solicitors.
This guide includes a full template you can customise and send, along with guidance on when a cease and desist is the right approach, how to deliver it, and what to do if it's ignored.
Disclaimer: This article is for informational purposes only. This is not legal advice. A cease and desist letter is not a legal order — it carries no legal force on its own. Consult a qualified solicitor before sending any legal correspondence, particularly if you are considering further action.
When a cease and desist letter is appropriate
A cease and desist makes sense in specific situations. It's not always the right first move, and in some cases it's entirely the wrong one.
Before sending a C&D, run a free audit to document the current state of competitor ads on your brand. This gives you timestamped evidence to attach to your letter.
A C&D is appropriate when:
- A competitor is using your registered trademark in their Google Ads copy (headlines, descriptions, or display URLs)
- A competitor's ad copy is misleading — implying an affiliation, endorsement, or relationship with your brand that doesn't exist
- You want to resolve the issue directly before escalating to Google or legal proceedings
- The competitor is a known business with a clear point of contact
A C&D is less appropriate when:
- A competitor is simply bidding on your brand keywords without using your trademark in their ad copy (this is permitted by Google and difficult to challenge legally)
- The competitor is an anonymous or offshore entity you cannot identify
- You've already filed a Google trademark complaint and it's being processed
A C&D is not appropriate when:
- You don't have a registered trademark (unregistered marks can be protected through passing off claims in the UK, but the legal basis is weaker and you should take proper legal advice first)
If the competitor is using your trademark in their ad copy specifically, you may also want to file a complaint directly with Google. Our Google Ads trademark policy guide explains the current rules and process.
The cease and desist letter template
Below is a template you can adapt to your situation. Replace all bracketed placeholders with your specific details. The letter should be on your company letterhead if sending as a printed document.
[YOUR COMPANY LETTERHEAD]
[DATE]
[COMPETITOR CONTACT NAME] [COMPETITOR COMPANY NAME] [COMPETITOR ADDRESS]
Re: Unauthorised Use of the [BRAND NAME] Trademark in Google Ads — Cease and Desist
Dear [COMPETITOR CONTACT NAME / Sir or Madam],
I am writing on behalf of [YOUR COMPANY NAME] ("we"/"our") regarding the unauthorised use of our registered trademark "[TRADEMARK]" (Registration No. [REGISTRATION NUMBER], registered with [REGISTERING OFFICE]) in your Google Ads advertising.
The Issue
We have identified that [COMPETITOR COMPANY NAME] is running paid search advertisements on Google that include our registered trademark "[TRADEMARK]" in the ad copy. Specifically, we have observed the following:
- Date observed: [DATE AND TIME]
- Search query: [SEARCH QUERY THAT TRIGGERED THE AD]
- Ad headline: [EXACT HEADLINE TEXT CONTAINING YOUR TRADEMARK]
- Ad description: [EXACT DESCRIPTION TEXT, IF APPLICABLE]
- Display URL: [DISPLAY URL SHOWN]
- Destination URL: [LANDING PAGE URL]
[IF APPLICABLE: This advertisement is misleading to consumers as it implies an affiliation, endorsement, or commercial relationship between [COMPETITOR COMPANY NAME] and [YOUR COMPANY NAME] that does not exist.]
Our Position
The use of our registered trademark in your advertising copy without our consent constitutes trademark infringement under the Trade Marks Act 1994 [FOR UK — ADJUST FOR YOUR JURISDICTION]. We have invested significantly in building the reputation associated with the "[TRADEMARK]" mark, and the unauthorised use of this mark in your advertising causes confusion amongst consumers and damages our brand.
What We Require
We request that you:
- Immediately cease using the "[TRADEMARK]" trademark, or any confusingly similar variation, in any Google Ads copy, including headlines, descriptions, display URLs, and ad extensions.
- Confirm in writing within [14/21] days of the date of this letter that you have complied with this request and that you will not use our trademark in your advertising in the future.
Next Steps
We would prefer to resolve this matter amicably and without the need for further action. However, if we do not receive confirmation of compliance within [14/21] days, we reserve the right to:
- File a formal trademark complaint with Google
- Pursue legal remedies available to us, including seeking injunctive relief and damages
We trust this matter can be resolved promptly and look forward to your written confirmation.
Yours [faithfully/sincerely],
[YOUR FULL NAME] [YOUR TITLE] [YOUR COMPANY NAME] [YOUR EMAIL ADDRESS] [YOUR PHONE NUMBER]
Customising the template
The template above covers the core elements, but you should adjust it based on your situation:
Tone: If the competitor is a company you have a business relationship with (a former partner, a company in your network), you may want to soften the tone. Replace the legal language with a more conversational approach that focuses on resolving the issue cooperatively. If the competitor is a direct rival with no existing relationship, the more formal tone above is appropriate.
Jurisdiction: The template references the UK Trade Marks Act 1994. If you're operating in a different jurisdiction, update this reference. For the EU, reference the EU Trade Mark Regulation (2017/1001). For the US, reference the Lanham Act (15 U.S.C. sections 1051-1127).
Multiple violations: If you've documented the competitor's ads on multiple occasions, list each instance with dates and ad copy. More evidence strengthens your position.
Misleading claims: If the competitor's ad specifically claims to be your company, to be "official," or to be an authorised dealer/partner, highlight this explicitly. Misleading ad copy is a stronger basis for a complaint than simply using a trademark.
How to send the letter
The method of delivery matters — both for practical and evidentiary reasons.
Option 1: Email (fastest) Send to the most senior contact you can find — ideally the managing director, CEO, or head of marketing. Generic info@ addresses often get ignored. Include the letter as both inline text and a PDF attachment on company letterhead. Request a read receipt.
Option 2: Recorded delivery post (strongest evidence) Send via Royal Mail Signed For or a tracked courier service. This creates a verifiable record that the letter was delivered. This is the preferred method if you think the matter might escalate to legal proceedings, as you can prove the competitor received it.
Option 3: Both For maximum impact, send by email for speed and by recorded delivery for the paper trail. Reference in the email that a hard copy is following by post.
What to include as evidence attachments
Attach the following to your letter:
- Screenshots of the infringing ads — full screenshots showing the ad copy, the search query, and the date/time. Annotate or highlight where your trademark appears.
- Trademark registration certificate — a copy of your trademark registration showing the mark, registration number, and classes of goods/services.
- A log of violations — if you've documented multiple instances, include a table showing the date, search query, ad copy, and destination URL for each one.
SerpAlert users can export this evidence directly from their dashboard. The system records every ad appearance on your brand terms with full ad copy, timestamps, and advertiser details — which is exactly the documentation you need to attach to a cease and desist.
What to expect after sending
Best case (common): The competitor removes the trademark from their ad copy within a few days and sends confirmation. Many brand bidding disputes are resolved at this stage because the competitor either didn't realise they were using a registered trademark or decided it wasn't worth the hassle.
No response within 14-21 days: Follow up once by email, referencing your original letter and the deadline. If there's still no response, escalate by filing a Google trademark complaint and consulting a solicitor about further options.
Competitor pushes back: Occasionally a competitor will respond arguing that their use is legitimate — perhaps they're a reseller, comparison site, or believe their use falls under a fair use exception. At this point, you should involve a solicitor to assess the merits of their argument and advise on next steps.
Competitor removes ads but restarts later: This is more common than you might expect. A competitor pauses the offending ads after receiving your letter, waits a few months, and starts again. This is why ongoing monitoring matters — you need to know if the behaviour resumes.
A note on brand keyword bidding vs. trademark in ad copy
It's worth reiterating: this cease and desist template is designed for situations where a competitor uses your trademark in their ad copy. Simply bidding on your brand keywords as a targeting mechanism is a different matter entirely. Google permits keyword bidding on trademarked terms, and the legal basis for challenging it is weaker.
If a competitor is bidding on your brand terms but their ad copy makes no mention of your trademark, a cease and desist focused on trademark infringement may not be appropriate. In that situation, your options are more limited — you can compete by running your own brand campaigns, optimising your organic presence, or negotiating directly with the competitor. For a fuller picture of the legal landscape, see can you sue a competitor for brand bidding?.
Keep a record of everything
Use the brand campaign calculator to estimate how much the competitor's brand bidding is costing you — this figure strengthens your case and helps prioritise enforcement.
Whether the issue is resolved quickly or escalates, maintain a complete file of all correspondence and evidence. Keep copies of the letter you sent, proof of delivery, any responses received, and ongoing screenshots showing whether the competitor has complied.
If the matter does eventually require legal action, your solicitor will need this complete paper trail. And if the competitor resumes the behaviour months later, your file will show a clear pattern that strengthens any future claim.
See whether this problem is live on your brand
Run the free audit to check your keyword right now, or use the calculator if you want to quantify the cost of staying defensive.