The Classic Partners LLP

Trademark Infringement Notice

Trademark infringement notice and enforcement services in India. When someone uses a mark identical or similar to your registered trademark, we draft and send a strong cease-and-desist notice and advise on remedies to stop the misuse and protect your brand.

Talk to a Trademark Enforcement Expert

What is a Trademark Infringement Notice?

A trademark infringement notice, often a cease-and-desist letter, is a formal communication to a party using a mark that is identical or deceptively similar to your registered trademark. It demands that they stop the unauthorised use and may seek undertakings, damages or other remedies.

Sending a well-drafted notice is usually the first enforcement step and often resolves the issue without litigation. Your right to enforce flows from your registered trademark, and where a conflicting mark is registered, rectification may also be needed.

When to Send an Infringement Notice

A competitor uses a mark identical or similar to your registered mark.
Counterfeit or imitation goods carry your brand or a confusingly similar one.
Someone uses your brand name online, on packaging or in advertising.
A domain name or social handle misuses your trademark.
You need to establish your rights before taking further legal action.

Our Enforcement Services

Cease-and-Desist Notice

Drafting and sending a strong infringement notice to the infringer.

Infringement Assessment

Assessing the strength of your claim and the best strategy.

Negotiation

Negotiating undertakings, withdrawal or settlement with the infringer.

Rectification

Action to remove conflicting registrations where needed.

Online Enforcement

Action against misuse on marketplaces, domains and social media.

Litigation Coordination

Coordinating further legal action if the notice is ignored.

Why Choose The Classic Partners

Firm, well-drafted notices that get results.
Clear strategy from assessment to settlement or litigation.
Online and offline enforcement across channels.
End-to-end protection of your registered brand.

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Frequently Asked Questions

What is a trademark infringement notice?

A trademark infringement notice is a formal cease-and-desist communication sent to a party using a mark identical or similar to your registered trademark, demanding that they stop the unauthorised use.

When should I send a trademark infringement notice?

You should send a notice when a third party uses your registered mark or a confusingly similar one on goods, services, packaging, advertising, domains or social media without authorisation.

What can I demand in an infringement notice?

A notice typically demands that the infringer stop using the mark, recall or destroy infringing materials, provide undertakings, and in some cases pay damages or account for profits.

What happens if the infringer ignores the notice?

If the notice is ignored, you can escalate to legal action seeking remedies such as an injunction and damages. We coordinate the further steps and litigation strategy as needed.

Can I enforce a trademark that is only applied for, not registered?

Enforcement is strongest for a registered trademark. For unregistered marks, rights may exist through prior use under passing off, but registration provides clearer and stronger remedies.

Do I need to register my trademark to send an infringement notice?

Registration greatly strengthens your position and remedies. While unregistered marks can rely on passing off in some cases, registering your mark is the most reliable basis for enforcement.

Is someone misusing your brand?

Send a strong infringement notice and protect your registered trademark.