Trademark Infringement Notice in India: How to Send a Cease & Desist Letter (2026)
When Can You Send a Trademark Infringement Notice?
- Your trademark is registered in India in the relevant class
- Someone else is using an identical or deceptively similar mark for identical or similar goods/services
- The use is without your permission — not under a licence you granted
- The use is in the course of trade — not for purely personal/non-commercial purposes
What to Include in the Notice
- Your details: Full name/company, address, registration certificate number, class(es)
- Infringer's details: Name, business name, address (as accurately as possible)
- Description of infringement: Exactly which mark they are using, where (website URL, shop address, Amazon listing), and since when
- Legal basis: Cite Section 29 of the Trade Marks Act, 1999 (infringement) and your registration details
- Demand: Immediate cessation of use; destruction of infringing goods/materials; account of profits made from the infringement
- Deadline: Typically 15–30 days to comply
- Consequences: State that legal proceedings including injunction and damages suit will follow if demand is ignored
- Signature: Signed by you (or your attorney on your behalf)
How to Send the Infringement Notice
- Registered Post with Acknowledgement Due (RPAD): The standard method — creates a legally documented delivery record that is admissible as evidence
- Courier with delivery confirmation: Acceptable alternative if tracking and signature confirmation is available
- Email (as supplement, not primary): Send by email also, but RPAD is essential for legal purposes — email alone may not be accepted as service proof in court
- WhatsApp (not recommended alone): WhatsApp screenshots have been accepted by some courts as evidence, but not reliable as the primary service method
What Happens After Sending the Notice
- Infringer complies (most common): They stop using the mark, destroy infringing materials, and sign an undertaking. Most small infringers comply without legal action when they realise the other party has a registered trademark.
- Infringer ignores: File an application for injunction in the District Court or High Court. Courts in India regularly grant ex-parte interim injunctions in trademark cases where infringement is clear.
- Infringer disputes: They may claim prior use, different market, or challenge your registration. This escalates to litigation.
- Negotiate settlement: Many trademark disputes are resolved through licensing agreements — the infringer becomes a paying licensee.
Infringement on E-Commerce: Amazon, Flipkart, Meesho
- Amazon: Report IP infringement at Amazon Brand Registry or via sellercentral.amazon.in IP complaint form. Provide your TM registration certificate. Amazon typically removes listings within 24–72 hours for valid TM complaints.
- Flipkart: File via the Seller Hub IP complaint mechanism. Registered trademark required.
- Meesho, Snapdeal: Email the platform's legal/IP team with your registration details and evidence of infringement.
Frequently Asked Questions
Can I send a trademark infringement notice without a registered trademark?
Technically yes, but it is much weaker. Without registration, you can only claim 'passing off' rights (common law) — harder to enforce and slower. A registered trademark gives you clear statutory infringement rights under Section 29 of the Trade Marks Act, making the notice legally authoritative.
Does a trademark infringement notice need to be from a lawyer?
Not legally required — you can send it yourself. However, a notice drafted by a trademark attorney on law firm letterhead is taken more seriously by infringers, especially when backed by case law citations and clear legal arguments. Most infringers comply faster with professionally drafted notices.
What damages can I claim for trademark infringement in India?
Under Section 135 of the Trade Marks Act, you can claim: actual damages suffered, account of profits made by the infringer, destruction of infringing goods, and punitive damages in egregious cases. Courts also award attorney fees in trademark cases.
How long does a trademark infringement case take in India?
Interim injunctions (emergency stop orders) can be obtained in weeks if your case is strong. Full trial and final decree in infringement cases typically takes 2–5 years. Most cases settle before full trial once the interim injunction is granted, as the business impact of the injunction forces negotiation.
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