About Process TM Classes Contact
WhatsApp Connect with Us
Home/ Services/ Trademark/ TM Infringement Notice
IP Service

🚨 TM Infringement Notice

Protect your registered trademark from infringers with professionally drafted cease & desist notices — enforcing your exclusive trademark rights swiftly and effectively.

Immediate
Legal Action
C&D Notice
First Step
Court Action
If Ignored
Damages
Recoverable
Act 1999
Legal Basis
PAN India
Coverage
Overview
Trade Marks Act, 1999

What is a Trademark Infringement Notice?

Trademark infringement occurs when a third party uses a mark identical or deceptively similar to your registered trademark without authorisation. The first step is a formally drafted cease & desist notice demanding immediate cessation of infringing use. If ignored, we proceed to court for injunctions and damages.

📝

Cease & Desist Notice

Formal legal notice demanding immediate cessation of infringing use and compensation for damages caused.

⚖️

Court Action Ready

If the notice is ignored, we file for urgent injunctions and damages before the appropriate court.

🛡️

Brand Protection

Prompt action protects your brand reputation, customer goodwill and commercial value from infringers.

How It Works

Step-by-Step Process

🔍1

Infringement Assessment

We assess the infringing use, compare marks, identify the infringer and develop the legal strategy.

📝2

Cease & Desist Notice

We draft and send a formal legal notice demanding immediate cessation and compensation.

3

Response Period

We monitor the infringer's response and advise on next steps based on their reply.

⚖️4

Court Action

If the notice is ignored, we file for urgent injunctions and damages before the appropriate court.

Why Choose Us

Benefits of Our TM Infringement Notice Service

01

Immediate Deterrence

A formal legal notice often stops infringement immediately without court proceedings.

02

Legal Documentation

Creates a legal paper trail essential for subsequent court proceedings.

03

Court Action Ready

If ignored, we proceed directly to court for urgent ex-parte injunctions.

04

Brand Protection

Protects your brand reputation, customer goodwill and commercial value.

05

Damages Recovery

Court proceedings can recover actual damages, account of profits and legal costs.

06

Online Platforms

We send notices to e-commerce platforms and social media to remove infringing content.

FAQ

Frequently Asked Questions

Do I need a registered trademark to send an infringement notice?+
While a registered trademark is ideal, common law passing off rights can also be enforced.
What should an infringement notice include?+
Your trademark registration details, description of infringing use, legal provisions violated, demand for cessation and deadline.
What happens if the infringer ignores the notice?+
We file for urgent injunctions before the appropriate court — often obtaining ex-parte orders within 24–48 hours.
Can I claim damages for trademark infringement?+
Yes — actual damages, account of profits, delivery up of infringing goods and legal costs.

Ready to Proceed?

Contact Adv. Nikhil Soni for a free consultation — no commitment, no fees.

+91 98280 29691  ·  office@nikhilsoni.com