Civil Suit (Section 134 / 135)
Injunction (interim and permanent), damages, account of profits and delivery-up/destruction of infringing goods. Filed in District Court (or High Court Commercial Division where applicable).
TRADEMARK INFRINGEMENT NOTICE
TM Infringment Registration
Protect your brand with a legal cease and desist notice under Section 29 of the Trade Marks Act, 1999. Evidence analysis, notice drafting, registered post & email delivery, follow-up and court guidance . 7–10 working days. Civil, criminal and e-commerce takedown support.
7–10 DaysNotice Delivery
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SAMPLE
Trademark Registration Certificate
Trade Marks Registry (IP India) — sample certificate of registration
Illustrative sample. Your official certificate is issued after approval.
01
Section 29
Unauthorised use of a registered trademark or deceptively similar mark on identical or similar goods/services
02
Cease & Desist First
Formal notice is the usual first step before civil suit or criminal complaint
03
Civil + Criminal
Injunction & damages (District Court / HC); imprisonment 6 months–3 years and fine under Ss. 103–105
04
3-Year Limitation
Limitation period typically 3 years under the Limitation Act for civil claims
OVERVIEW
What is Trademark Infringement?
Trademark infringement is the unauthorised use of a registered trademark or a deceptively similar mark on identical or similar goods or services without the owner’s consent. It is defined under Section 29 of the Trade Marks Act, 1999 and is actionable through civil and criminal remedies in Indian courts.
Section 29 covers identical or deceptively similar marks on registered goods (29(1)), similar marks on similar goods causing confusion (29(2)), presumption of confusion for identical marks on identical goods (29(3)), use on dissimilar goods exploiting reputation (29(4)), and use as a trade name (29(5)). The owner can issue a cease and desist notice as the first step, then file a civil suit under Section 134 for injunction and damages, or pursue criminal prosecution under Sections 103–105. Registered owners have a lighter burden of proof and nationwide protection from the date of filing.
Governing Law
Trade Marks Act, 1999 (S. 29, 103–105, 134, 135)
Notice Type
Cease & Desist (private legal document)
Govt Fee (C&D)
₹0
Delivery Timeline
7–10 Working Days
TYPES
Types of Trademark Infringement
| Type | Legal Basis | Description |
|---|---|---|
| Direct (Identical) | Section 29(1) | Using an identical mark on identical goods or services as covered by registration |
| Direct (Similar) | Section 29(2) | Using a similar mark on identical or similar goods where likelihood of confusion exists |
| Dilution (Well-Known) | Section 29(4) | Using a mark identical or similar to a well-known trademark on dissimilar goods (blurring/tarnishment) |
| Counterfeiting | Sections 103–104 | Deliberate reproduction of an identical registered mark to deceive consumers |
| Cybersquatting | IT Act + UDRP / INDRP | Registering domain names identical to registered trademarks in bad faith |
COMPARISON
Infringement vs Passing Off
| Parameter | Trademark Infringement | Passing Off |
|---|---|---|
| Basis | Statutory (Section 29) — registered mark | Common law — goodwill in unregistered mark |
| Registration required | Yes | No |
| Burden of proof | Lighter (registration is prima facie) | Heavier (must prove goodwill, misrepresentation, damage) |
| Remedies | Injunction, damages, account of profits, criminal | Injunction, damages, account of profits (civil) |
| Strategy | Preferred when mark is registered | Used for unregistered marks or in addition to infringement |
You can combine both claims in a single suit for maximum protection when appropriate.
PROCESS
How to Send a Trademark Infringement Notice
1. Verify Your Registration
Confirm trademark registration number, class, status and goods/services on ipindia.gov.in. Ensure the mark is valid and in force.
2. Collect Evidence of Infringement
Screenshots (with URL and date), photographs of products, purchase invoices, marketplace listings and any consumer confusion material. Timestamp and preserve authenticity.
3. Analyse Similarity & Confusion
Assess whether the mark is identical or deceptively similar and whether use is on identical/similar goods. Map to the correct limb of Section 29.
4. Draft Cease & Desist Notice
Formal notice on legal letterhead: your trademark details, description of infringement, legal basis (Section 29), demands (stop use, destroy goods, account for damages) and a 15–30 day compliance deadline.
5. Serve the Notice
Send via registered post (with acknowledgment) and email. Keep proof of delivery. Tracking creates a clear record for any later court proceeding.
6. Follow-up & Next Steps
Negotiate settlement if the infringer complies or offers terms. If not, proceed to civil suit (injunction, damages) and/or criminal complaint, and e-commerce takedown where relevant.
EVIDENCE
Evidence Needed for Notice & Court
1. Trademark Certificate
Registration certificate (and renewal if any) from IP India confirming ownership, class and goods/services.
2. Proof of Use / Goodwill
Sales invoices, advertisements, packaging and marketing material showing continuous use of your mark.
3. Infringing Use Evidence
Timestamped photographs of products, screenshots of websites/apps/social media (URL visible), marketplace listings.
4. Purchase / Transaction Proof
Invoices or receipts of purchase of infringing goods to show commercial use by the infringer.
5. Consumer Confusion (if available)
Complaints, survey extracts or other material indicating likelihood of confusion in the market.
6. Affidavit of Facts
Notarised affidavit summarising ownership, use and the nature of the infringing activity for the notice and any suit.
REMEDIES
Civil, Criminal & Online Options
Criminal (Sections 103–105)
Imprisonment 6 months to 3 years and fine ₹50,000 to ₹2,00,000 for applying false trademarks or selling goods with false marks. Cognizable; police can act on complaint.
E-Commerce Takedown
Notice to platforms (Amazon, Flipkart, etc.) with registration certificate and evidence for removal of infringing listings under their IP policies.
Domain / UDRP–INDRP
For cybersquatting: UDRP (global domains) or INDRP (.in) for transfer of domain names registered in bad faith.
WHY CHOOSE US
Why Corporate Mart for Infringement Notice?
Evidence-First Approach
We verify your registration and structure the evidence (screenshots, photos, invoices) so the notice is credible and court-ready if needed.
Section 29–Grounded Draft
Notice drafted with clear citation of Section 29, specific demands and a realistic compliance deadline — not a generic template.
Tracked Delivery
Registered post and email with proof of delivery so you have a clear paper trail for follow-up or litigation.
Path to Court & Takedown
If the notice is ignored, we guide civil suit, criminal complaint and e-commerce platform takedown so enforcement does not stop at the letter.
Verify Registration → Collect Evidence → Draft C&D → Serve → Follow-up → Suit / Takedown
FAQ
Frequently Asked Questions
A formal legal letter from the trademark owner (or attorney) demanding that the recipient stop using an identical or deceptively similar mark, destroy infringing goods and, where appropriate, pay compensation. It cites Section 29 and creates a record before any court action.
For a pure Section 29 infringement notice, yes — the mark should be registered. Unregistered marks are protected through passing off; a notice can still be sent based on goodwill, but the legal basis and burden differ.
No. A C&D notice is a private legal document. There is no government fee. Court fees and stamp duty apply only if you later file a civil suit or criminal complaint.
You can file a civil suit for injunction and damages in the District Court (or High Court Commercial Division), and/or a criminal complaint under Sections 103–105. E-commerce platforms can also be approached for takedown of listings.
Typically 3 years under the Limitation Act, 1963 (Article 113 or relevant article depending on the claim). Act promptly once you discover the infringement.
Under Sections 103–105, imprisonment from 6 months to 3 years and fine Government and statutory fees depend on the entity structure and state requirements. Contact our expert team for a detailed proposal. The offence is cognizable.
Yes. In appropriate cases, District Courts / High Courts can grant interim injunctions within a few weeks of filing the suit, restraining further use of the infringing mark pending final decision.
Trademark registration certificate, proof of your use, timestamped screenshots/photos of the infringing use, purchase invoices of infringing products, and any material showing consumer confusion. Authenticated digital evidence is important for court.
