Trademark Infringement Notice
Home » Trademark Infringement Notice

In the fiercely competitive world of business, your trademark—whether it's a logo, name, tagline, or design—is more than just a symbol; it’s the unique identity and reputation of your brand that customers recognize and trust. When another party uses a mark that is identical or deceptively similar to yours without permission, it can lead to consumer confusion, dilute your brand’s value, and damage your market position. This is where a Trademark Infringement Notice becomes your crucial first line of legal defense. It serves as a formal warning to the infringing party, demanding that they cease and desist from unauthorized use of your registered or well-known trademark, and can be a powerful step toward resolving disputes without lengthy litigation. At AxurTax, we offer comprehensive guidance and expert legal support to help you identify instances of infringement, draft and issue legally sound notices, and take appropriate follow-up actions to safeguard your intellectual property. In this guide, we’ll walk you through everything you need to know about trademark infringement—what it is, when to act, how to issue a notice effectively, and how our experienced team can assist you in enforcing your rights swiftly and strategically.

get in touch
🧠 What is Trademark Infringement?

Trademark infringement occurs when a person or entity uses a mark that is identical or deceptively similar to a registered trademark without the owner's permission. This use may involve:


🔹 Logos

🔹 Words or phrases

🔹 Designs or symbols

🔹 Brand elements representing goods or services


Such use leads to consumer confusion, exploits brand reputation, and may result in financial and reputational losses for the rightful trademark owner.

📌 Types of Trademark Infringement

In India, under the Trade Marks Act, 1999, infringement can be classified into:


1️⃣ Direct Infringement


Occurs when someone uses a trademark without the owner's consent. Key elements include:


🛑 Unauthorised Use: Trademark used without permission.

🔁 Identical or Deceptively Similar Mark: Causes confusion in the minds of consumers.

📜 Registered Trademark Protection: Only registered marks are protected under infringement laws (unregistered marks are protected under "passing off").

🧾 Same Class of Goods/Services: The infringing use must relate to similar goods or services.


2️⃣ Indirect Infringement


Even parties who don’t directly use the mark can be held liable.


👥 Vicarious Infringement: When a party has control over the infringer and benefits from the infringement.

🤝 Contributory Infringement: When someone assists or facilitates the infringement knowingly.


⚙️ Grounds for Issuing a Trademark Infringement Notice

Under Section 29 of the Trade Marks Act, 1999, infringement is established under the following circumstances:


Identical Mark: When an unregistered mark is identical to a registered trademark for the same category of goods/services.

🌀 Likelihood of Confusion: Even similar-sounding or looking marks that mislead consumers qualify as infringement.

🌟 Use of Reputed Trademark: If an unregistered mark exploits the reputation of a registered mark.

📦 Label or Packaging Misuse: Unauthorized use of a registered trademark on product labels or packaging.

📣 Unfair Advertising: Using a registered mark in advertising to gain an unfair competitive edge or harm the mark’s reputation.

⚖️ Exceptions to Trademark Infringement

Not all uses of a registered trademark qualify as infringement. According to Section 30 of the Trade Marks Act, 1999, these exceptions apply:


🧾 Descriptive Use: Using a trademark to indicate type, quality, purpose, or geographical origin.

🧷 Use Within Registration Limits: If the usage respects the conditions specified during trademark registration.

🧍‍♂️ Authorized Use: By the trademark owner or a registered user.

🔧 Adaptation in Goods/Services: Permitted if the use is reasonably necessary.

🧩 Similar Registered Marks: Legitimate use of a similar mark that is also registered.


📬 What is a Trademark Infringement Notice?

A Trademark Infringement Notice is a formal legal document sent to an individual or business accused of violating trademark rights. It:


🚨 Serves as a cease and desist warning

🧾 Details the nature of the infringement

⏱️ Sets a timeframe for corrective action

⚖️ Warns of legal consequences for non-compliance

📅 When Should You Send a Trademark Violation Notice?

You can issue a trademark infringement notice in the following situations:


❌ Someone is using your trademark without permission

🔍 The infringing mark is confusingly similar to your registered trademark

📦 It is being used for similar products or services

🌐 Appears on websites, packaging, or advertisements

✂️ It copies a substantial part of your trademark, even with slight variations

📄 Essentials to Include in a Trademark Infringement Notice

To make your notice effective, include the following elements:


👤 Your Details: Name, contact info, and trademark ownership.

🕵️‍♂️ Infringer’s Details: Name and address of the alleged infringer.

📝 Trademark Name & Registration Info: Trademark name, registration number, and date.

📦 Goods/Services: Description of goods/services associated with your trademark.

🧯 Description of Infringement: How the infringing mark is identical or deceptively similar.

📸 Proof: Screenshots, images, or documents (optional but recommended).

Cease and Desist Clause: Demand to stop the use immediately.

📋 Specific Actions Required: E.g., removal from products or websites.

🕒 Response Deadline: Typically 15–30 days.

⚖️ Legal Warning: Mention of potential legal action if demands aren’t met.


✍️ How to Draft a Legal Notice for Trademark Infringement

Here’s a step-by-step guide:


1. 📘 Introduction: Clearly state the purpose — to notify the recipient of a trademark violation.

2.🧾 Party Details: Mention the infringer and the trademark owner’s identities.

3. 📛 Trademark Info: Include trademark name, registration number, and covered goods/services.

4. 🔍 Description of Infringement: How the mark was copied and used.

5. 📑 Supporting Proof: Optional but adds weight (images, labels, etc.).

6. 📢 Demand for Cease & Desist: Clearly outline expectations.

7. ⏳ Timeline: Give the recipient a deadline to act.

8. ⚖️ Legal Consequences: Mention the legal steps that may follow.

9. ✅ Conclusion: Reaffirm your ownership and intention to protect your brand.

🛡️ Why Choose AxurTax for Trademark Infringement Services?

At AxurTax, we understand how valuable your brand is. Our legal professionals provide end-to-end support in dealing with trademark infringement, from drafting to delivery.


🔍 Our Services Include:


✒️ Expert Drafting: Legally sound and precise infringement notices.

📜 Law-Based Framing: Proper references to trademark law and your rights.

📤 Notice Delivery: Sent via both email and registered post.

📞 Full Legal Support: From consultation to litigation, if necessary.

🚀 Ready to Take Action?

Don’t let trademark infringement go unchecked. Whether you're a startup or an established brand, your trademark is worth defending.


Let AxurTax help you protect what’s rightfully yours.  

📧 Contact us today to get started with your Trademark Infringement Notice.