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

01

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).

02

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.

03

E-Commerce Takedown

Notice to platforms (Amazon, Flipkart, etc.) with registration certificate and evidence for removal of infringing listings under their IP policies.

04

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?

01

Evidence-First Approach

We verify your registration and structure the evidence (screenshots, photos, invoices) so the notice is credible and court-ready if needed.

02

Section 29–Grounded Draft

Notice drafted with clear citation of Section 29, specific demands and a realistic compliance deadline — not a generic template.

03

Tracked Delivery

Registered post and email with proof of delivery so you have a clear paper trail for follow-up or litigation.

04

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.

ACT BEFORE THE DAMAGE GROWS

Send a Trademark Infringement Notice and Protect Your Brand.

Comprehensive support: registration verification, evidence review, Section 29 cease & desist drafting, registered post & email delivery, follow-up and path to court or platform takedown. 7–10 working days.

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