📋 In This Article
A trademark infringement notice is a formal legal notice sent under Section 29 of the Trademarks Act, 1999, to a person or business using an identical or deceptively similar mark without authorisation — often the biggest threat to a trademark registration you have spent time and money securing. Backed by 23+ years of exclusive IP practice and 5000+ trademarks filed, we have found that a properly drafted notice demanding the infringer stop within 7–30 days resolves most disputes before they reach court.
What Is a Trademark Infringement Notice?
A trademark infringement notice — also called a cease-and-desist notice — is the formal warning a registered trademark owner sends before initiating court proceedings. It puts the infringer on record as having been notified, strengthens the owner's case if litigation follows, and often resolves the dispute without a court hearing at all.
💼 Adv. Nikhil Soni & Co. — 23+ years of exclusive IP practice, 5000+ trademarks filed across India. We personally handle every IPR matter. Book a free consultation →
When Should You Send a Trademark Infringement Notice?
- Unauthorised useSomeone uses your registered mark, or one confusingly similar to it, without your permission
- Likelihood of confusionThe unauthorised use is likely to mislead consumers about the source of goods or services
- Passing offEven an unregistered but well-established mark can support a notice on passing-off grounds
- Online infringementInfringing listings on e-commerce marketplaces, domain names, or social media handles
- Repeated unauthorised useInformal requests to stop have already been ignored
What Must a Trademark Infringement Notice Include?
| Element | What It Must Include |
|---|---|
| Sender & trademark details | Name, registration number, class, and registration date of your trade mark |
| Infringer's details | Name, address, and description of the infringing party |
| Description of the infringement | Dates and evidence — screenshots, product photos, invoices — showing how the mark is being misused |
| Legal basis | Reference to Section 29 of the Trademarks Act, 1999 (infringement) or common law passing-off, as applicable |
| Demand | Clear instruction to cease use, plus any additional relief sought (e.g. destroy infringing stock, account for profits) |
| Deadline | Typically 7–14 days for online infringement, 15–30 days for physical goods |
| Consequence clause | Statement that non-compliance will lead to a civil suit and/or criminal complaint without further notice |
How to Send a Trademark Infringement Notice — Step by Step
- Gather evidenceRegistration certificate, proof of infringement — screenshots, purchase receipts, photographs
- Engage a trademark attorneyAn advocate's letterhead carries more legal weight and ensures correct citation of law
- Draft the noticeCover all the elements listed in the table above
- Serve the noticeSend by registered post with acknowledgement due (RPAD), and simultaneously by email for a time-stamped record
- Track the responseNote the deadline and prepare to escalate if there's no reply or compliance
What Happens If the Infringer Doesn't Respond?
If the deadline passes without compliance, the trademark owner can escalate to a civil suit under Section 134/135 of the Trademarks Act, 1999, seeking an injunction, damages, or an account of profits. In cases involving counterfeit goods, a criminal complaint under Section 103/104 may also be filed. For online infringement, platforms are separately obligated under Section 79 of the IT Act, 2000 to act on a properly documented takedown request once notified.
Trademark Infringement Notice vs Trademark Opposition — What's the Difference?
An infringement notice targets a mark that is already being used unlawfully in the market — it's a pre-litigation enforcement step. A trademark opposition, by contrast, is a formal proceeding filed with the Trade Marks Registry within four months of a conflicting mark's publication in the Trademark Journal — before that mark is even registered. Different forum, different timeline, different remedy.
Why Choose Adv. Nikhil Soni & Co.?
- Personal handling by senior advocateAdv. Nikhil Soni personally handles every IPR matter — clients deal directly with the advocate
- 23+ years, 5000+ trademarksExclusive IP practice since 2001 — 5000+ trademarks filed across India
- End-to-end supportFrom drafting and serving the notice to filing suit if needed, we manage the entire enforcement process
- All India coverageFiling and enforcement support across all five Trade Marks Offices and the Patent Office
Frequently Asked Questions
Do I need a lawyer to send a trademark infringement notice?
Not legally mandatory, but strongly advisable — an advocate-signed notice carries more weight, cites the correct legal provisions, and is harder for the infringer to dismiss.
What is the difference between trademark infringement and passing off?
Infringement applies to a registered trademark under Section 29; passing off is a common-law remedy available even for unregistered marks, based on established reputation and goodwill.
How much time does the infringer get to respond?
Typically 7–14 days for fast-moving online infringement and 15–30 days for physical goods, though the sender can set the deadline.
Can I send a notice if my trademark isn't registered yet?
Yes, through a passing-off notice, provided you can show prior use, reputation, and likelihood of confusion — though remedies are broader once the mark is registered.
What happens if I ignore a trademark infringement notice I received?
The sender can escalate to a civil suit for injunction and damages, or a criminal complaint in counterfeiting cases, without further warning.
Does sending a notice guarantee the infringer will stop?
No, but in practice most disputes resolve at the notice stage since litigation is costlier and slower for both sides.
What does it cost to send a trademark infringement notice in India?
Advocate fees typically range from ₹3,000–₹15,000 depending on complexity, plus nominal postal or courier charges for registered dispatch.
Official Resource: Visit the Office of the Controller General of Patents, Designs & Trade Marks (IP India) for authoritative government information.