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What is a Trademark Infringement Notice?

A Trademark Infringement Notice — commonly called a Cease and Desist Letter — is a formal legal communication sent to a person or company that is using your registered trademark (or a confusingly similar mark) without your authorisation. It is drafted on lawyer's letterhead citing specific provisions of the Trade Marks Act, 1999, clearly identifying the infringing activity, establishing your ownership and prior rights, and demanding immediate cessation of the infringing use within a specified deadline.

A professionally drafted notice serves three critical functions simultaneously: it warns the infringer that you are aware of and will enforce your rights; it creates a formal legal record that you notified them before escalating to court; and it often resolves the dispute entirely without the cost and time of litigation — particularly when the infringer is a small business that genuinely was unaware of your registration or chose the similar mark innocently.

8 Situations That Demand an Immediate Notice

Registered Trademark vs Unregistered Brand — You Have Rights Either Way

One of the most common misconceptions about trademark enforcement is that only registered trademark owners can send infringement notices. This is incorrect — even if you haven't registered your trademark, you may have strong common law rights.

Anatomy of a TaxClue Infringement Notice

A properly drafted infringement notice is far more than a threatening email. Every element serves a specific legal purpose — and courts scrutinise notices carefully if the matter escalates to litigation. Here is what TaxClue includes in every notice:

1. 1

   Complete Trademark Ownership Details

   Full details of your trademark registration — application number, registration number, class(es), registered goods/services description, date of application, date of registration, and current proprietor name — establishing your ownership beyond dispute.

   Legally Required
2. 2

   Prior Use & Market Reputation Statement

   A factual statement of when you first started using the mark, your market presence, customer base, promotional activities, and the goodwill you have built — establishing the commercial value of the mark being infringed.

   Legally Required
3. 3

   Specific Description of Infringing Acts

   Precise identification of the infringing activity — the infringer's brand name, logo, domain, listing URL, product, or advertisement — with reference to attached documentary evidence (screenshots, product photos, website captures) showing exactly how and where the infringement is occurring.

   Legally Required
4. 4

   Legal Grounds — Cited Sections of Trade Marks Act

   Specific citation of Sections 29, 30, and other applicable provisions of the Trade Marks Act, 1999 explaining precisely how the infringer's conduct constitutes trademark infringement or passing off — making the legal basis of the notice unambiguous.

   Legally Required
5. 5

   Clear Demands with Specific Deadlines

   Explicit demands — typically: (1) immediate cessation of use of the infringing mark; (2) withdrawal of trademark application if filed; (3) takedown of online listings, domain, or social media accounts; (4) written undertaking to not use the mark in future; (5) destruction of infringing inventory — with a specific compliance deadline (usually 7–15 days).

   Core of the Notice
6. 6

   Consequences of Non-Compliance

   Clear statement of the legal consequences if demands are not met — civil suit before the High Court for injunction, damages, and account of profits; criminal complaint under Sections 103–105 of the Trade Marks Act (imprisonment up to 3 years, fine up to ₹2 lakh); and/or platform enforcement actions — creating genuine deterrence.

   Creates Deterrence
7. 7

   Settlement / Rebranding Option

   Where appropriate, TaxClue includes an option for amicable resolution — offering the infringer a path to comply without immediate legal escalation. This could include a rebranding timeline, licensing offer, or coexistence agreement — often resulting in faster resolution than a pure litigation threat.

   Strategic Addition

The 4-Stage Trademark Enforcement Ladder

A Cease & Desist notice is Stage 1 of trademark enforcement — and resolves the vast majority of infringement cases without further action. If it doesn't, TaxClue is equipped to support every escalation stage.

Online Platform Enforcement — Takedowns & Brand Protection

Modern trademark infringement is heavily concentrated online. TaxClue handles enforcement across every major platform where brand abuse occurs in India — often securing takedowns within 48–72 hours of filing complaints.

Civil & Criminal Remedies Under the Trade Marks Act

If a Cease & Desist notice is ignored, the Trade Marks Act, 1999 provides both civil and criminal pathways for enforcement. The choice of remedy depends on the nature of the infringement and the infringer's response.

Why Choose TaxClue for Trademark Infringement Enforcement?

Frequently Asked Questions

• Is sending an infringement notice mandatory before filing a lawsuit?+
  It is not strictly mandatory under the Trade Marks Act — you can file a civil or criminal case directly without sending a prior notice. However, courts strongly prefer (and sometimes expect) that parties made a genuine attempt to resolve the matter amicably before approaching them. A prior notice also serves as crucial evidence in court that the infringer was aware of your rights but continued regardless — which can influence the quantum of damages awarded. Additionally, sending a notice is far cheaper and faster than filing a lawsuit — and resolves the majority of cases entirely, making it the universally recommended first step.
• What happens if the infringer ignores the notice?+
  If the infringer fails to comply within the deadline specified in the notice, you have several escalation options: (1) file a civil suit before the District Court or High Court for injunction and damages — courts can grant an urgent ex-parte interim injunction that immediately restrains the infringer; (2) file a criminal complaint with the police or before a Magistrate under Sections 103–105 of the Trade Marks Act for deliberate infringement (up to 3 years imprisonment); (3) initiate platform enforcement on e-commerce sites or social media. Ignoring a properly served notice actually strengthens your position in court — it demonstrates the infringer's wilful non-compliance.
• Can I send an infringement notice if my trademark is not registered?+
  Yes — even without a registered trademark, if you have been using a brand name in commerce for a sufficient period and have built consumer recognition and goodwill, you can send a Passing Off Notice under common law. To succeed in passing off, you need to demonstrate: (1) your established goodwill and reputation in the market; (2) the infringer's misrepresentation that their goods/services are yours or associated with yours; and (3) resulting damage or likelihood of damage to your business. However, an unregistered mark carries no criminal remedy — only civil passing off. TaxClue strongly recommends filing for trademark registration simultaneously with sending the notice to strengthen your legal position going forward.
• How quickly can TaxClue send an infringement notice?+
  TaxClue typically drafts and dispatches a Trademark Infringement Notice within 24–48 hours of receiving complete case details and evidence from you. The process involves: evidence documentation (1–4 hours), trademark verification (1–3 hours), notice drafting (4–12 hours), and dispatch via registered post and email (same day). For urgent cases where ongoing e-commerce listing damage or rapid counterfeiting is occurring, TaxClue can expedite the process and also file simultaneous platform enforcement complaints within the same timeframe.
• Can I send a notice for an Amazon / Flipkart listing using my brand name?+
  Yes, and this is one of the most common infringement scenarios TaxClue handles. The approach for online platform infringement involves two parallel tracks: (1) a formal legal notice to the seller / business directly, and (2) a platform enforcement complaint filed with Amazon Brand Registry, Flipkart Brand Protection, or the relevant marketplace's IP complaint portal. Platform complaints for registered trademark holders are typically processed within 48–72 hours and result in listing removal. For Amazon specifically, enrolment in Amazon Brand Registry (which requires a registered trademark) provides significantly stronger and faster enforcement tools — another reason TaxClue recommends having your trademark registered before listing on e-commerce platforms.
• I received a trademark infringement notice — what should I do?+
  Do not ignore the notice — ignoring it will almost certainly escalate the matter significantly. But equally, do not comply immediately without seeking legal advice. A qualified IP professional needs to review the notice and assess: (1) whether the claimant's trademark registration is valid and in force; (2) whether the registered class and goods/services actually cover your use; (3) whether you have prior use rights that pre-date the claimant's mark; (4) whether the marks are actually confusingly similar in law; and (5) what the appropriate response strategy is — compliance, negotiated settlement, or challenging the claim. TaxClue regularly advises parties who have received infringement notices — contact us immediately for a free assessment.

Full Trademark & IPR Services by TaxClue