Trademark Infringement Notice

Stop Unauthorized Use of Your Brand — Send a Legal Trademark Infringement Notice with TaxClue

Your brand name, logo, or trademark is your identity. If someone copies or uses it without authorization, they are committing trademark infringement — an offense under the Trade Marks Act, 1999. Before filing a lawsuit, the first legal step is to issue a Trademark Infringement Notice (Cease and Desist Letter) to the infringer, demanding immediate discontinuation of the infringing activity.

At TaxClue, our IP legal team drafts and serves professional, legally enforceable Trademark Infringement Notices that protect your rights and often resolve disputes without the need for lengthy litigation.

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What is a Trademark Infringement Notice?

A Trademark Infringement Notice, also called a Cease and Desist Letter, is a formal legal communication sent to an individual or company that is using your registered or confusingly similar trademark without your permission.

It serves as:

  • A warning and demand to immediately stop the unauthorized use,

  • A record of legal action to demonstrate your attempt to resolve the issue amicably, and

  • A precondition before filing a civil or criminal case for infringement.

Issuing a notice through a legal professional demonstrates serious intent and often results in quick compliance by the infringer.

When Should You Send a Trademark Infringement Notice?

  • You should send an infringement notice as soon as you detect unauthorized usage of your brand elements such as:
  • Business or brand name identical/similar to yours
  • Similar logo, tagline, or packaging
  • Counterfeit goods bearing your mark
  • Copycat e-commerce listings or domain names
  • Unauthorized use in advertisements, websites, or social media
  • The earlier you act, the higher the chances of stopping infringement before it spreads and damages your goodwill.

Key Components of a Trademark Infringement Notice

  • A professionally drafted infringement notice typically includes:
  • Details of the Registered Trademark
  • Ownership & Rights Statement
  • Description of Infringement
  • Demand for Immediate Action
  • Warning of Legal Consequences
  • Option for Settlement (if applicable)
  • At TaxClue, each infringement notice is custom-drafted by legal professionals, ensuring that it is firm, compliant, and effective in prompting action.

Benefits of Sending a Trademark Infringement Notice

  • Acts as an official legal warning to the infringer.
  • Helps stop unauthorized use of your trademark immediately.
  • Establishes your ownership and proactive brand protection.
  • A cost-effective remedy before filing a court case.
  • Creates room for amicable settlement or rebranding.
  • Serves as evidence of prior notice in future legal proceedings.
  • Protects your brand reputation and customer trust.
  • Promotes voluntary compliance and deters future violations.

Why a Legal Notice is Better than Informal Communication

  • Many brand owners make the mistake of sending simple emails or warnings, which carry no legal weight. A formal Trademark Infringement Notice, however:
  • Is drafted using precise legal language;
  • Demonstrates serious legal intent;
  • Acts as evidence in future proceedings;
  • Often results in faster compliance without litigation.
  • TaxClue’s legal notices are drafted by qualified IP professionals, ensuring your rights are strongly represented from day one.

Step-by-Step Process

  • Evidence Collection We gather proof of infringement — screenshots, photos, website links, packaging samples, or advertisements.
  • Legal Review & Trademark Verification Our legal team verifies your trademark ownership, registration class, and status to confirm validity.
  • Drafting the Notice We prepare a detailed Trademark Infringement Notice, citing relevant sections of the Trade Marks Act, legal precedents, and clear action demands.
  • Legal Dispatch The notice is sent via registered post, courier, and email (and optionally through a legal advocate’s letterhead) to establish a verifiable legal trail.
  • Follow-Up & Settlement We follow up with the infringer for compliance and can assist with negotiations, rebranding timelines, or settlement agreements.

Legal Remedies if Notice is Ignored

Civil Action

  • File a suit before the District or High Court for:
  • Permanent injunction to stop infringement
  • Damages or account of profits
  • Seizure and destruction of infringing goods

Criminal Action

  • In cases of deliberate counterfeiting or repeated violations, you can file a criminal complaint under Sections 103–105 of the Trade Marks Act, 1999, which provides for:
  • Imprisonment up to 3 years, and
  • Fine up to ₹2 lakh

Online Enforcement

  • We can initiate takedown actions on e-commerce platforms, social media, or web hosts under
  • IP Protection
  • DMCA rules.

Why Choose TaxClue ?

We combine expert advice with digital convenience — ensuring a smooth experience from start to finish.

End-to-End Registration Support

From name approval to incorporation certificate.

Transparent Pricing

No hidden charges, no surprises.

Post-Incorporation Guidance

GST, accounting, and compliance setup.

Dedicated Compliance Expert

One-point contact for your entire process.

  • FAQ

Got Questions?
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Is sending a trademark infringement notice mandatory before filing a case?

While not legally mandatory, it is a best practice. Courts often prefer when parties attempt to resolve disputes amicably before litigation.

 

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