Trademark Infringement Notice stop infringement before it reaches court.

A trademark infringement notice — also called a cease-and-desist notice — is the formal first step taken by a trademark proprietor against an alleged infringer before initiating court proceedings. Trademark infringement under Section 29 of the Trade Marks Act, 1999 occurs when a person, without the consent of the registered proprietor, uses an identical or deceptively similar mark in the course of trade in respect of identical or similar goods or services, in a manner likely to cause confusion.

The notice serves several purposes — it formally puts the alleged infringer on notice of the registered trademark, demands an immediate cessation of the infringing use, requires destruction of infringing materials, calls for an undertaking against future use, and where appropriate, demands damages or an account of profits. A well-drafted notice often resolves the matter at this stage itself, without the cost and delay of court proceedings. Where the matter cannot be resolved, the notice forms the foundation for an injunction action, an account of profits suit, or a criminal complaint.

Our trademark infringement notice practice supports both proprietors and recipients. For proprietors, we draft strong, evidence-backed cease-and-desist notices, send them through registered post and e-mail, follow up on responses, negotiate settlement and undertaking terms, and where required, escalate to civil suit and injunction proceedings. For recipients, we review the alleged infringement, advise on defensibility, draft reasoned replies, and negotiate amicable resolutions to avoid litigation exposure.