Trademark Infringement Notice
- Art Teacher
- London, UK
- 5-7 Hrs
Has someone started using your brand name, logo, or slogan without permission? If so, a Trademark Infringement Notice might be your first—and most strategic—step toward stopping it. This legal notice acts as a formal warning to the infringer, notifying them that their use of your registered mark is unauthorized and could lead to serious legal consequences. It’s not just about making noise—when drafted correctly, it can prompt a quick resolution without the cost and delay of a lawsuit.Under the Trade Marks Act, 1999, trademark owners enjoy exclusive rights over their registered marks, and any use that causes confusion or passes off goods as yours may qualify as infringement.
- Trademark Registration Certificate – Proof of ownership of the registered mark.
- Details of the Infringing Party
- Evidence of Infringement
- Power of Attorney – If the notice is issued through a lawyer or trademark attorney.
- Company Authorization Letter – If the mark is owned by a company and a representative is signing the notice.
FAQs
A formal "infringement" notice cannot be sent for an unregistered trademark because statutory infringement under the Trade Marks Act, 1999 only applies to registered marks.
Honest concurrent use is a defensive claim, but the burden is on the infringer to prove good faith, absence of confusion, and coexistence. It's not a shield against injunctive relief unless accepted by the court.
You can claim damages or account of profits, but they are not enforceable without court intervention. The notice may state your intent to pursue damages if infringement continues.
You can send a notice if someone’s domain or handle is identical or confusingly similar to your mark, arguing unauthorized use. For unregistered marks, this is generally based on passing off and not statutory infringement.
Yes, prior use is a strong defense. Under Indian law, a person who used the mark first—whether registered or not—has superior rights against later users, even if the later mark is registered.