Trademark Infringement Notice
A cease and desist notice issued to a party using a mark deceptively similar to yours.
When someone starts trading under a mark confusingly similar to yours, the first step is almost always a notice rather than a suit. It puts the other side on formal notice of your rights, demands that they stop, and creates the record you will rely on if the matter goes further.
A substantial proportion of infringements end at this stage, particularly where the other party adopted the mark without knowing yours existed. Litigation is slow and expensive, and a well-drafted notice is often the cheapest way to stop the use.
What this costs
Infringement and passing off are different actions
Infringement is a statutory action available to the proprietor of a registered trademark. You prove the registration and the deceptive similarity; you do not have to prove reputation or damage.
Passing off is a common law action available whether or not you hold a registration, but it requires you to prove three things — goodwill in the mark, misrepresentation by the other party, and damage. It is a harder case, which is the practical argument for registering.
What the notice sets out
- Details of your registration, or of your prior use where the mark is unregistered
- The offending use, with evidence of where and how it appears
- Why the marks are deceptively similar, and the likelihood of confusion
- The specific demands — cease use, withdraw stock, transfer a domain, deliver up materials
- A compliance period, commonly fifteen to thirty days
- The consequences of non-compliance, including an injunction application
Gather evidence before sending it
Once a notice arrives, the other side may take down listings, change packaging or remove signage. That is the outcome you want, but it also removes the evidence you would need if they simply resume later or dispute that they ever used the mark.
Screenshots with visible dates, purchase invoices from the infringer, photographs of signage and marketplace listings should all be captured and preserved before the notice goes out.
Where the use is online
Marketplace listings, social media accounts and domain names each have their own takedown routes, and those can run in parallel with a notice to the seller.
For a domain registered in bad faith, a complaint under the domain dispute resolution policy is often faster and cheaper than litigation, and can result in transfer of the domain to you.
How we handle it
- 1 Confirming your rights We verify the status of your registration and the classes it covers, since the notice must be accurate about what you hold.
- 2 Preserving evidence The infringing use is captured and dated before the notice goes out, because it will often disappear afterwards.
- 3 Assessing similarity We assess the strength of the case honestly — deceptive similarity is a legal test, not a matter of how annoyed you are.
- 4 Drafting the notice An advocate drafts the notice with the rights asserted, the demands specified and a compliance period stated.
- 5 Service The notice is issued and served by registered post and email, with proof of service preserved.
- 6 Follow-through We review any reply and advise on settlement, undertakings, marketplace takedowns or an injunction application.
Frequently asked questions
Can I send a notice without a registered trademark?
Yes, based on prior use, relying on passing off. But you must prove goodwill, misrepresentation and damage, which is materially harder than an infringement action on a registration.
What if they ignore the notice?
The next step is typically an application for an interim injunction. Courts do grant injunctions in trademark matters, and the notice forms part of the record showing you acted promptly.
Can I claim damages?
Yes, though in practice the primary objective is usually to stop the use. Damages or an account of profits require proof, and are pursued where the infringement has been substantial.
What if the other party was there first?
Then your notice may provoke a rectification application against your own registration. This is why we assess prior use honestly before sending anything.
Someone registered my brand as a domain. What can I do?
A complaint under the domain dispute resolution policy is often faster and cheaper than litigation, and can result in the domain being transferred to you.
What is not included. Government fees, statutory charges, stamp duty, court and registry fees, digital signature costs and any third-party professional charges are separate and payable at actuals. GST applies on professional fees where indicated. Prices shown are indicative and may change without notice; we confirm the total in writing before any work begins — see our terms on pricing.
Talk to us about Trademark Infringement Notice
Share your requirement and our team will confirm the documents needed, the exact charges and a realistic timeline — usually the same working day.
- Expert document checking before submission
- Regular status updates on WhatsApp
- Transparent professional charges
- Assistance in Marathi & English
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