Trademark Infringement Notice
Issuing a cease-and-desist notice against unauthorised use of your registered mark, or responding to one received, so the dispute is resolved without unnecessary escalation where possible.
A trademark infringement notice, commonly called a cease-and-desist letter, is a formal communication sent to a party using an identical or deceptively similar mark, calling on it to stop the infringing use, and often to account for past use or destroy infringing stock. It is typically the first step before civil litigation under Sections 134 and 135 of the Trade Marks Act, 1999, and can also prompt platform takedowns on e-commerce marketplaces.
What our infringement notice service covers
From the first letter to litigation, if it comes to that.
- Assessing the strength of the case, including the registration status and similarity of the marks involved
- Drafting a cease-and-desist notice setting out the rights being infringed and the relief sought
- Sending the notice and tracking the counterparty's response within the deadline given
- Negotiating a settlement, co-existence terms or a phased transition where the parties are willing
- Filing marketplace takedown complaints under brand protection programmes where relevant
- Escalating to a civil suit for injunction and damages if the notice does not resolve the matter
What an infringement notice typically demands
The relief sought depends on how the mark is being used.
Cease of Use
A demand to immediately stop using the identical or deceptively similar mark on goods, services, packaging or signage.
Recall & Destruction
A demand to recall and destroy existing stock, labels or promotional material bearing the infringing mark.
Account of Profits
A demand for disclosure of sales made under the infringing mark, as a basis for damages or an account of profits.
Undertaking
A request for a written undertaking not to use the mark again, often used to close the matter without litigation.
Our process
From initial consultation to completion.
Case Assessment
Reviewing the registration, evidence of use and the extent of the infringing activity.
Notice Drafting
Preparing a notice that clearly states the rights held and the specific relief demanded.
Delivery & Response Tracking
Sending the notice and monitoring the deadline given for a response.
Resolution or Escalation
Closing the matter through settlement or an undertaking, or moving to a civil suit where needed.
Why the notice needs to be right, not just fast
What sets our approach apart.
An overreaching notice can invite a counter-claim
Demands not backed by the actual scope of registration can weaken the sender's position if the matter escalates.
Notices work best backed by a registered mark
A registration significantly strengthens the legal footing behind a cease-and-desist notice compared to relying on use alone.
Delay in acting can weaken an infringement claim
Long, unexplained delay in objecting to a known infringing use can be held against the trademark owner later.
Trademark Infringement Notice questions answered
What people ask before engaging us.
Dealing with trademark infringement?
We will assess the case and issue, or respond to, the notice with a clear strategy behind it.
