Overview
A Trademark Infringement Notice (Cease & Desist Letter) is the first formal legal step taken by a registered trademark owner against a party found to be using an identical or deceptively similar mark without permission. The notice formally puts the infringer on record of the trademark owner's rights, demands immediate cessation of the infringing use, and specifies the legal remedies that will be pursued if not complied with.
A well-drafted infringement notice citing the registration certificate number, the specific acts of infringement, and the applicable provisions of the Trade Marks Act creates a documented record admissible as evidence in subsequent civil suits for injunction, damages, and account of profits. MFiling's IP lawyers draft legally precise notices that maximise compliance probability — many infringers comply without the matter escalating to litigation.
Common trigger scenarios: unauthorized domain names, social media handles, or app names; counterfeiting or knock-off goods; passing-off by competitors; and unauthorized sublicensing. MFiling professional charges: from Rs.2,999 per notice.
Key Benefits
Documents Required
How it Works
Gather screenshots, product photos, purchase receipts, and URLs proving unauthorized use of the mark.
Confirm registration certificate is valid and in force — check IP India portal for registration status.
Locate registered name, address, and contact details of the infringing party or business.
Prepare legally precise notice citing registration details, infringement facts, and applicable Trade Marks Act provisions.
Send via registered post with acknowledgement and/or email — retain all proof of dispatch and delivery.
Allow 7–15 days for response — evaluate reply and advise on next steps (settlement, suit, criminal complaint).
Frequently Asked Questions
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