Trademark Infringement Notice in Malda

Local jurisdiction

Registrar (RoC)

RoC Kolkata — Nizam Palace, 2nd MSO Building, 234/4 A.J.C. Bose Road, Kolkata – 700020

Jurisdictional HC

Calcutta High Court

GSTIN prefix

19 (West Bengal)

Professional Tax

West Bengal levies Professional Tax (max ₹2,500/year). Applicable within 30 days of company incorporation.

Business hubs

Mango (Fazli) Cluster, Silk Belt, Industrial Growth Centre, Gazole

Malda is a north-Bengal trade hub famous for its mango (Fazli/Laxmanbhog GI) and mulberry silk, and a key stop on the Kolkata-Siliguri corridor.

Also in: Siliguri Kolkata

A trademark infringement notice (a cease-and-desist or legal notice) is a formal demand sent by a brand owner when someone uses an identical or deceptively similar mark — infringement under Section 29 of the Trade Marks Act, 1999, or passing off where the mark is unregistered. It demands the infringer immediately stop all use of the mark, withdraw the offending goods, packaging and marketing, hand over or destroy infringing stock, and account for profits / pay damages — usually giving a short window to comply. It is typically sent before (or instead of) filing an infringement suit, and can resolve the dispute without litigation. If you have received such a notice, a well-drafted reply can rebut the claim, buy time or open settlement.

Sec 29

InfringementSection 29 defines when use of an identical or deceptively similar mark infringes a registered trademark; unregistered marks are protected by the passing-off remedy.

Understand It

What Is Trademark Infringement Notice?

A quick, plain-language explanation before the details.

In simple terms

A trademark infringement notice is a formal letter telling someone who is using your brand name or logo to stop, withdraw their goods and compensate you — a first legal step that often resolves the issue without a court case.

Legally

Under Section 29 of the Trade Marks Act, 1999, a registered proprietor may object to any use of an identical or deceptively similar mark that is likely to cause confusion. The notice asserts those rights and demands the infringing party cease use and remedy the harm, reserving the right to sue for an injunction and damages under Section 135. For an unregistered mark, the equivalent common-law remedy is passing off, which turns on goodwill, misrepresentation and damage.

Governing authority

Rights arise under the Trade Marks Act, 1999 (administered by IP India / CGPDTM); infringement and passing-off suits are filed before the District Court or High Court of appropriate jurisdiction under Section 134.

Validity

A notice has no fixed validity — it usually sets a compliance deadline of a few days to a few weeks. If the infringer does not comply, the owner can proceed to file a suit; the notice itself remains useful evidence of prior warning.

Service Intelligence

Quick Facts

Professional Fee

Custom quote

Governing Law

Trade Marks Act 1999

Key Sections

Sec 29 & 27

Mode

100% Online

Authority

IP India / Courts

Deliverable

Legal notice

Direction

Send or reply

Turnaround

Priority drafting

Legal & Regulatory Framework

Act

Trade Marks Act, 1999

Infringement

Section 29

Passing Off

Common law (Sec 27)

Remedies

Sec 134 & 135

Authority

IP India / Courts

Last Reviewed

17 Aug 2026

Before You Start

Is This Service Right for You?

Ideal for

Registered trademark owners who spot an identical or similar mark in use
Brand owners facing copycats, counterfeits or lookalike packaging
Businesses whose unregistered brand is being passed off by a rival
Sellers seeing their brand misused on Amazon, Flipkart or other marketplaces
Franchisors protecting the mark against unauthorised use by ex-partners
Businesses that have received a notice and need a considered reply

You may need this if

A competitor is using your brand name, logo or tagline for similar goods
You want to stop the infringement quickly, without going straight to court
You need to demand withdrawal of goods, an undertaking and damages
You want a documented paper trail before filing an infringement suit
You have received a cease-and-desist notice and must respond in time
You want to settle, license or negotiate rather than litigate

Not sure if you need this?

Talk to an Expert →

Why It Matters

Why Send a Trademark Infringement Notice?

A well-drafted notice is the fastest, lowest-cost way to stop misuse of your brand — and the standard first step before litigation. Here is why it matters.

01

Stop the Misuse Fast

A firm cease-and-desist notice puts the infringer on formal notice and often stops the use without the cost, delay and uncertainty of a court case.
02

Assert Your Legal Rights

The notice records your exclusive rights under Section 29 (or your goodwill for passing off) and the specific acts complained of — a clear legal foundation.
03

Build a Paper Trail

A dated notice with proof of dispatch shows the court you warned the infringer first — strengthening a later suit and any claim for costs and damages.
04

Open Settlement

Many notices end in an undertaking, a rebrand, a takedown or a licence — resolving the dispute commercially instead of litigating for years.
05

Support Marketplace Takedowns

A proper legal notice backs up brand-protection and IP-complaint processes on Amazon, Flipkart and other platforms to get listings removed.
06

Protect Brand Value

Acting promptly prevents dilution and confusion, preserves your goodwill, and signals that your brand is actively enforced.

Transparent

Simple, Transparent Pricing

Custom quote for your case

Fees depend on your business type and scope. Get a clear, itemised quote upfront — no hidden professional charges, government fee billed at actuals.

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Eligibility

Who Can Apply?

Registered trademark owners (Sec 29)

Owners of unregistered marks with goodwill (passing off)

Companies, LLPs, firms and proprietors

Franchisors and licensors protecting the mark

Online sellers facing marketplace copycats

Recipients of a notice needing a reply / defence

Eligibility checklist

Proof of your rights — registration certificate, or evidence of goodwill and prior use for passing off
Details of the infringer — name, address and the mark / listing being used
Evidence of the infringing use — photos, packaging, listings, invoices or screenshots
The goods / services involved and how they overlap with your registered class(es)
Why the marks are identical or deceptively similar and likely to cause confusion
Your desired outcome — cease use, withdraw goods, undertaking, damages, or settlement

End-to-End

Everything You Need. One Professional Team.

01

Consultation

Understand your mark, the infringing use and whether it is infringement or passing off.

02

Rights & Evidence Review

Verify your registration or goodwill and assess the strength of the claim before drafting.

03

Infringer Check

Confirm the infringer’s details, the mark used and the overlapping goods or services.

04

Notice Drafting

Draft a firm, legally sound cease-and-desist / legal notice citing Section 29 or passing off.

05

Demands & Deadline

Set out clear demands — stop use, withdraw goods, undertaking, damages — with a compliance deadline.

06

Dispatch

Send the notice through appropriate channels with proof of dispatch and delivery.

07

Reply & Negotiation

Handle the infringer’s response, negotiate an undertaking or settlement where possible.

08

Escalation Support

Guide next steps — marketplace takedown or an infringement / passing-off suit if unresolved.

No Ambiguity

What You’ll Receive

Case assessment — infringement (Sec 29) vs passing off

Professionally drafted cease-and-desist / legal notice

Clear demands — cease use, withdraw goods, undertaking, damages

Compliance deadline set in the notice

Dispatch with proof of sending / delivery

Handling of the infringer’s reply

Draft undertaking / settlement terms where the matter resolves

Guidance on escalation to suit or marketplace takedown

Checklist

What Do We Need to Draft or Reply to a Notice?

Requirements vary by whether you are sending a notice or replying to one. Keep clear soft copies ready — everything is collected securely online and reviewed before anything is dispatched.

Choose your situation

Sending a Notice

You are the brand owner

4 documents

Trademark registration certificate / application details (or proof of prior use & goodwill)
Details of the infringer — name, address, business
Evidence of infringing use — photos, packaging, listings, screenshots
Note on the overlapping goods / services and the harm caused

Registered vs unregistered mark

A registered mark is enforced as infringement under Section 29; an unregistered mark relies on the passing-off remedy, which requires proof of goodwill, misrepresentation and damage.

Act promptly

Send the notice as soon as you learn of the infringement. Long, unexplained delay can weaken your position and any later claim for an interim injunction.

Keep proof of dispatch

Send the notice through a channel that gives proof of dispatch and delivery. This record supports a later suit and any claim for costs.

Reply within the deadline

If you have received a notice, do not ignore it — a considered reply within the stated window can rebut the claim, correct the facts or open settlement, and avoids an ex-parte escalation.

Don’t have all the documents?

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Step by Step

How the Infringement Notice Process Works (Step by Step)

From assessment to dispatch and follow-up — everything is handled online.

01

Consultation & Assessment

We review your mark, the infringing use and the evidence to confirm whether it is infringement (Sec 29) or passing off, and how strong the claim is.

02

Verify Rights & Evidence

We check your registration or goodwill, identify the infringer, and pin down the overlapping goods / services and the confusion caused.

03

Draft the Notice

We draft a firm, legally sound cease-and-desist / legal notice citing the relevant sections and setting out the acts complained of.

04

Set Demands & Deadline

The notice demands the infringer stop use, withdraw goods and marketing, give an undertaking, and account for damages — within a set deadline.

05

Dispatch & Track

We send the notice through appropriate channels with proof of dispatch, and record delivery for the file.

06

Response & Next Steps

We handle the reply — negotiate an undertaking or settlement, support a marketplace takedown, or guide you to an infringement / passing-off suit if unresolved.

How Long It Takes

How Long Does an Infringement Notice Take?

Stage	Expected Time
Consultation, rights & evidence review	On priority
Drafting the cease-and-desist / legal notice	Priority drafting
Compliance window given to the infringer	Typically a few days to a few weeks
Reply, settlement or escalation to suit	Depends on the response

A notice is normally the fastest route — often resolving the dispute in a matter of weeks once the infringer complies or settles. If it is ignored, the notice becomes evidence supporting an infringement or passing-off suit for an injunction and damages. Timelines depend on the facts and the other side’s response.

Compliance Calendar

Key Dates — At a Glance

Frequency	What Is Due
If the Infringer Complies	Obtain a written undertaking to stop use · Confirm withdrawal of goods, packaging and marketing · Close the matter and keep records for future reference
If They Negotiate	Agree settlement terms or a rebrand timeline · Consider a co-existence or licensing arrangement · Record any assignment or licence of the mark
If They Ignore / Refuse	Support a marketplace / platform IP takedown · File an infringement or passing-off suit (Sec 134/135) · Seek an interim injunction, damages and account of profits
Ongoing Enforcement	Monitor the market and e-commerce for further misuse · Watch new trademark applications for conflicting marks · Renew and actively use your mark to keep rights strong

Dates are indicative and may change with government notifications. Our team tracks every deadline so you never miss a filing.

Why Outsource

Doing It Yourself vs TaxClue

Doing It Yourself

Confuse infringement (Sec 29) with passing off and pick the wrong basis
Send a weak or over-broad notice that the infringer can easily rebut
Overstate or understate demands, weakening any later suit
Miss the overlapping-class / likelihood-of-confusion analysis
Send with no proof of dispatch or delivery
React late and lose the edge for an interim injunction
Ignore a notice you received — risking an ex-parte order

With TaxClue

Correct legal basis — infringement or passing off — from the start
A firm, precise notice that is hard to dismiss
Demands calibrated to your goal — stop, withdraw, undertaking or damages
Proper likelihood-of-confusion and class-overlap analysis
Dispatch with proof of sending and delivery
Reply and negotiation handled by our team
Clear escalation path — takedown or suit — if it is ignored

Skip the guesswork.

Let an expert handle it →

Avoid Delays

Common Mistakes That Delay Your Application

Sending a vague notice with no specific demands or deadline

Relying on Section 29 for an unregistered mark instead of passing off

Failing to prove goodwill and prior use in a passing-off case

Making threats you are not prepared to back with a suit

Not keeping proof of dispatch and delivery of the notice

Delaying action so long that the infringement is treated as acquiesced

Ignoring a notice you received instead of replying in time

Over-claiming damages or rights, which can be used against you

TaxClue reviews your documents before filing to reduce avoidable errors.

Stay Compliant

What Happens After the Notice?

If the Infringer Complies

Obtain a written undertaking to stop use
Confirm withdrawal of goods, packaging and marketing
Close the matter and keep records for future reference

If They Negotiate

Agree settlement terms or a rebrand timeline
Consider a co-existence or licensing arrangement
Record any assignment or licence of the mark

If They Ignore / Refuse

Support a marketplace / platform IP takedown
File an infringement or passing-off suit (Sec 134/135)
Seek an interim injunction, damages and account of profits

Ongoing Enforcement

Monitor the market and e-commerce for further misuse
Watch new trademark applications for conflicting marks
Renew and actively use your mark to keep rights strong

Risk Assessment

Penalties & Consequences

Ignoring infringement — or a notice — has real consequences under the Trade Marks Act, 1999. Acting through a proper notice protects your position.

What is at stake if you do not comply

Without a registered mark you have only the weaker passing-off remedy.
A vague or overreaching notice can invite a groundless-threat counter-claim.
Delay in acting on infringement can weaken your claim to damages.
Ignoring a notice you receive can escalate straight to an infringement suit.

Situation	Consequence
Trademark infringement (Sec 29)	Civil suit — injunction, damages or account of profits, and delivery-up of infringing goods.
Passing off (unregistered mark)	Common-law civil remedy — injunction and damages, but the owner must prove goodwill and misrepresentation.
Ignoring a cease-and-desist notice	The owner can escalate to a suit; the unheeded notice strengthens the case and any costs claim.
Falsely applying / counterfeiting a mark (Sec 103)	Imprisonment of 6 months to 3 years plus fine.
Selling goods with a false mark (Sec 104)	Imprisonment of 6 months to 3 years plus fine.
Groundless threats of infringement (Sec 142)	The person threatened can sue for a declaration and damages — so notices must be justified.

A carefully drafted, justified notice avoids the trap of groundless threats while preserving every remedy. Our team calibrates the demands to your rights.

The Difference

Why Businesses Choose TaxClue

01

Experienced Team

Professionals who handle trademark disputes end to end — from notice to suit.

02

Right Legal Basis

We frame the claim correctly — infringement under Sec 29 or passing off — for maximum effect.

03

Priority Drafting

Fast, focused drafting so you can act while the infringement is fresh.

04

100% Online

Everything over WhatsApp / email — no office visits required.

05

Transparent Fees

A clear custom quote upfront — ₹0 hidden professional charges.

06

End-to-End Support

From the notice to negotiation, takedown or suit — we stay with you.

Data Care

Your Documents Deserve Professional Care

Documents handled by professionals under confidentiality
Access limited to the team working on your file
Communication over secure digital channels
Documents retained only as long as needed for the matter

Answers

Frequently Asked Questions

What is a trademark infringement notice?

It is a formal cease-and-desist / legal notice sent by a brand owner when someone uses an identical or deceptively similar mark. It demands that the infringer stop all use, withdraw the offending goods, packaging and marketing, give an undertaking, and account for damages — usually within a short deadline. It is typically the first step before filing an infringement suit.

When can I send a trademark infringement notice?

You can send one as soon as you discover that another party is using a mark identical or deceptively similar to yours for the same or similar goods or services in a way likely to cause confusion. A registered mark is enforced as infringement under Section 29; an unregistered mark with goodwill is enforced through the passing-off remedy.

What is the difference between infringement and passing off?

Infringement is the statutory remedy available to the owner of a registered trademark under Section 29 — you rely on the registration itself. Passing off is the common-law remedy for an unregistered mark (preserved by Section 27): you must prove goodwill in the mark, a misrepresentation by the other party, and resulting damage. Passing off is harder and costlier to establish.

What should the notice demand?

Typically: an immediate stop to all use of the mark; withdrawal of infringing goods, labels, packaging and advertising; delivery-up or destruction of infringing stock; a written undertaking not to repeat; and an account of profits or damages. The notice sets a compliance deadline and reserves the right to sue if it is not met.

What happens if the infringer ignores the notice?

If the infringer does not comply, you can escalate — support a marketplace / platform takedown, and file an infringement or passing-off suit before the District Court or High Court under Section 134, seeking an interim injunction, damages or an account of profits, and delivery-up under Section 135. The ignored notice becomes useful evidence that you warned them first.

Do I need a registered trademark to send a notice?

No. If your mark is registered, you send the notice on the basis of infringement under Section 29. If it is unregistered but you have built goodwill and reputation through use, you can still send a notice based on passing off. Registration makes enforcement significantly easier and stronger.

I received a trademark infringement notice — what should I do?

Do not ignore it. Have the notice and your own records reviewed quickly. A considered reply within the stated deadline can rebut the claim (for example, if the marks or goods differ, or you have prior/honest concurrent use), correct the facts, or open a settlement or rebrand discussion — and it helps avoid an ex-parte court order.

Can a badly drafted notice backfire?

Yes. Making groundless threats of infringement proceedings can expose you to an action under Section 142, where the party threatened can seek a declaration that the threats are unjustified plus damages. That is why the notice must be based on genuine rights and calibrated demands — which is exactly what we ensure.

How long does the process take?

Drafting is done on priority once we have your rights proof and evidence. The notice then gives the infringer a compliance window, usually a few days to a few weeks. Many matters resolve within that period through an undertaking or settlement; if not, the timeline extends into a suit, which depends on the court.

Can this help remove infringing listings on Amazon or Flipkart?

Yes. A proper legal notice, together with your registration, supports the brand-protection and IP-complaint processes on Amazon, Flipkart and other marketplaces to get infringing or counterfeit listings taken down. We guide you through both the notice and the platform takedown.

Can the matter be settled without going to court?

Very often, yes. Many infringement notices end in the other side giving an undertaking to stop, agreeing to rebrand within a timeline, taking down listings, or entering a co-existence or licensing arrangement. A well-drafted notice is designed to achieve a commercial resolution and avoid litigation where possible.

Do you also help if it escalates to a lawsuit?

Yes. If the infringer refuses to comply, we guide you on filing an infringement or passing-off suit for an injunction, damages and delivery-up, and on seeking an interim injunction. The notice we drafted forms part of the evidence supporting your case.

How do I send a trademark infringement notice to someone using my brand?

You have a legally sound cease-and-desist notice drafted — citing your rights under Section 29 (for a registered mark) or passing off (for an unregistered mark), describing the infringing use, and demanding the infringer stop use, withdraw goods, give an undertaking and account for damages within a set deadline — then dispatch it with proof of delivery. Our team assesses your rights, drafts the notice and sends it for you.

How much time should I give the infringer to comply in the notice?

A cease-and-desist notice normally sets a short compliance window — typically a few days to a few weeks — for the infringer to stop use and confirm withdrawal. The period should be reasonable but firm, giving enough time to respond while signalling that you will escalate to a suit if ignored. We set an appropriate deadline based on the facts.

What is the cost of drafting a trademark infringement notice?

Our charge is a custom professional fee for drafting and dispatching the cease-and-desist / legal notice, quoted upfront based on the complexity of the matter and whether it is a send or a reply. A notice is far cheaper and faster than litigation, and often resolves the dispute on its own. We confirm the fee before we begin.

Can I send an infringement notice if my trademark is not registered?

Yes, but on a different basis. An unregistered mark cannot rely on Section 29 infringement; instead the notice is founded on passing off, which requires proof of goodwill and reputation, a misrepresentation by the other party, and resulting damage. Passing off is harder to establish, so evidence of your prior and continuous use is important. Registration makes enforcement significantly easier.

Can an infringement notice help remove listings on Amazon or Flipkart?

Yes. A proper legal notice, together with your trademark registration, supports the brand-protection and IP-complaint processes on Amazon, Flipkart and other marketplaces to get infringing or counterfeit listings taken down. We guide you through both the notice and the platform takedown so misuse is stopped at source.

Can sending a trademark notice backfire on me?

It can if the notice is not justified. Making groundless threats of infringement proceedings exposes you to an action under Section 142, where the party threatened can seek a declaration that the threats are unjustified plus damages. That is why the notice must be based on genuine rights and calibrated demands — which is exactly what we ensure before anything is dispatched.

Verify Everything

Official Sources & Legal References

Every legal detail on this page — sections, remedies and definitions — is drawn from primary law and official government sources. Verify them directly:

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