Act immediately: Delay in enforcing your trademark rights can be used against you in court as evidence of acquiescence — implying that you consented to the use. Send a notice as soon as you discover infringement.
What is Trademark Infringement?
Trademark infringement occurs when a person uses a mark that is identical or deceptively similar to your registered trademark, in the course of trade, for goods or services identical or similar to those covered by your registration — without your authorisation. This is a violation of your exclusive rights under Section 29 of the Trade Marks Act, 1999.
Common forms of infringement include: using a similar brand name or logo, selling counterfeit products bearing your trademark, using your mark in domain names or social media handles, comparative advertising that misuses your brand, and using your mark as a keyword in online advertising.
What is a Trademark Infringement Notice?
A trademark infringement notice — also called a cease and desist letter — is a formal legal communication sent to the infringing party by your advocate. It puts the infringer on notice that their conduct constitutes trademark infringement, demands immediate cessation of the infringing use, and sets out the legal consequences of non-compliance.
A well-drafted notice from a qualified IP advocate creates a legal record, demonstrates your proactive enforcement, and often resolves the matter without the expense of court proceedings.
What Our Infringement Notice Covers
Your trademark registration details, registration number, class and the specific rights violated — cited with reference to the Trade Marks Act, 1999.
Specific description of the infringing act — the mark used, goods or services, medium (physical, online, social media) and date of discovery.
Immediate cessation of use, removal from all platforms, destruction of infringing materials, and an undertaking not to use the mark in future.
Clear statement of civil and criminal remedies available — injunction, damages, criminal prosecution under Section 103, and costs — if demands are not met.
Infringement Enforcement Process
Infringement Review
We assess the infringing use and confirm infringement under the Trade Marks Act
Evidence Collection
Screenshots, purchases, witnesses — we document the infringement properly
Notice Drafting
Cease and desist notice drafted on firm letterhead with full legal authority
Despatch
Sent by speed post with acknowledgement and email — to all known addresses
Response Period
Typically 15 days given for compliance — extended if settlement discussions begin
Outcome
Compliance — or escalation to civil suit / criminal complaint if ignored
Remedies for Trademark Infringement in India
- Permanent injunction — court order restraining infringer from further use
- Damages or account of profits — financial compensation for losses suffered
- Delivery up — infringing goods seized and delivered up for destruction
- Criminal prosecution — imprisonment up to 3 years and fine up to Rs 2 lakh under Section 103
- Anton Piller order — surprise search and seizure of infringing goods
- John Doe / Ashok Kumar order — against unidentified counterfeiters
Documents Required
Frequently Asked Questions
What is a trademark infringement notice?
A trademark infringement notice or cease and desist letter is a formal legal communication sent by your advocate to a party using your registered trademark without authorisation. It identifies the infringing act, invokes your rights under the Trade Marks Act, 1999, demands immediate cessation and sets out the legal consequences — civil and criminal — of continued infringement.
When should I send a trademark infringement notice?
Send a notice as soon as you discover unauthorised use of your mark. Delay in enforcement can be raised by the infringer in court as evidence of acquiescence — suggesting you were aware of and accepted the use. Early action also prevents the infringer from building further goodwill using your mark, which complicates enforcement at a later stage.
What happens if the infringer ignores the notice?
If the infringer ignores the notice or refuses to comply, you can escalate to: (a) filing a civil suit for permanent injunction and damages before the District Court or High Court; (b) filing a criminal complaint under Section 103 of the Trade Marks Act, 1999 before the Magistrate; or (c) applying for an urgent ex-parte injunction where immediate harm is demonstrated.
Can I send a notice for an unregistered trademark?
Yes — but the basis is different. For unregistered marks with established goodwill, the remedy is passing off rather than trademark infringement. A passing off notice can be sent demanding cessation of the use that misrepresents the infringer's goods or services as yours. However, registered trademark owners have significantly stronger rights and remedies, which is why registration is strongly recommended.
What are the remedies for trademark infringement in India?
Civil remedies include: permanent injunction, damages or account of profits, delivery up and destruction of infringing goods, and costs. Criminal remedies under Section 103 of the Trade Marks Act, 1999 include: imprisonment for a minimum of 6 months (up to 3 years) and a fine of minimum Rs 50,000 (up to Rs 2 lakh). Enhanced remedies are available for repeat offenders and cases involving counterfeit marks.
Official Resource: For official information, visit the Trade Marks Registry, IP India — the authoritative government source for IP matters in India.