Trademark Cease-and-Desist Notice Draft (India)

Enforcement notices

Give the other party clear, accurate notice of the rights relied on, the use objected to and the specific steps asked of it.

Legal references checked: 15 October 2026

What a trademark notice must get right

A cease-and-desist notice should state the right relied on, the use objected to and the steps asked for, accurately enough to stand as the first document in any later suit. For a registered mark, Section 29 sets out when use of an identical or deceptively similar mark infringes, subject to Sections 30, 34 and 35. For an unregistered mark, Section 27 bars an infringement action but preserves passing off, which needs goodwill, misrepresentation and likely damage. A notice also fixes when the recipient learned of the claim, which can matter for damages under Section 135(3). Overstated threats carry risk under Section 142.

Filing period and procedure

No statutory period or form applies to the notice. Send it by a mode that gives proof of dispatch and delivery (for example registered post or tracked courier, with e-mail), keep that proof, and, if a suit may follow without a claim for urgent interim relief, check whether Section 12A of the Commercial Courts Act, 2015 requires pre-institution mediation first.

Before you prepare the draft

Facts to confirm

Each registration relied on: number, class, goods or services, renewal status, conditions and disclaimers
The proprietor's first-use date, continuity of use and where its goodwill exists
The recipient's exact legal identity, address and the persons responsible
What the recipient uses, for which goods or services, where and since when
Whether the recipient has its own registration, application or earlier use

Evidence to keep ready

Register extracts checked on the sending date, or a certificate under Section 137 for court use
Dated screenshots with URLs, photographs and test-purchase invoices
Sales, advertising and customer records showing goodwill and reputation
Documented instances of actual confusion, if any
Proof of dispatch and delivery of the notice

Editable draft framework

Replace every [placeholder] and delete optional paragraphs that your facts do not support. You can edit the text below before copying it, or select it and use Ctrl+C or Command+C.

Draft text

[Sender's letterhead: name, capacity, address and e-mail]
[Date]
By [registered post with acknowledgement due/tracked courier] and e-mail to [e-mail address]

To
[Recipient's legal name]
[Constitution, and names of the proprietor, partners or directors, if known]
[Registered office/principal place of business]

Subject: Notice to stop use of [impugned mark] for [goods/services]: infringement of Registered Trade Mark No(s). [numbers] and/or passing off

1. This notice is issued on behalf of, and on the instructions of, [client's legal name], [constitution], of [address] (the "Proprietor"). [OPTIONAL—omit if the Proprietor signs the notice itself:] The undersigned is [an advocate enrolled with (State Bar Council) under enrolment no. (number)/a registered trade marks agent, registration no. (number)].

2. The Proprietor carries on the business of [actual business] and has used the mark [mark] (the "Proprietor's Mark") in India for [goods/services] since [date], [continuously/state any gaps]. [OPTIONAL—omit unless supported by records:] Its sales under the mark for [period] were about Rs. [amount], and its promotional expenditure for that period was about Rs. [amount].

3. Registered rights [include only registrations in force]: According to the register checked on [date], the Proprietor is the registered proprietor of: (a) Registration No. [number], Class [class], for [mark/device], for [goods/services as registered], valid until [date], [subject to (conditions, limitations or disclaimer)/with no recorded conditions or limitations]. [Repeat for each registration.] [OPTIONAL—for a pending application:] Application No. [number] in Class [class] is pending; it is not relied on as a registration.

4. Use complained of: The recipient is using [impugned mark] (the "Impugned Mark") for [goods/services], including [on packaging/at (premises)/on (website, marketplace listing or social media URL)/as part of its trade name (name)], as observed on [dates]. [OPTIONAL—omit unless done:] A test purchase was made on [date] from [place or URL]; invoice no. [number] and the goods are preserved. [OPTIONAL:] The recipient has also applied to register [mark] under Application No. [number] in Class [class].

5. Comparison: The Impugned Mark [is identical with/closely resembles] the Proprietor's Mark because [shared dominant element, sound, appearance or idea]. It is used for [goods/services], which are [the same as/similar to] the goods/services covered by the registration(s) above, and reach [the same customers/the same trade channels: (details)].

6. Infringement [only for registered marks]: This use, in the course of trade and without the Proprietor's consent, of a mark [identical with/deceptively similar to] the registered mark [for the goods/services for which it is registered/for similar goods/services, in a way likely to cause confusion on the part of the public or to suggest an association with the registered mark] infringes the registration(s) under Section 29[(1)/(2)] of the Trade Marks Act, 1999. [OPTIONAL—only if the recipient uses the registered mark itself as its trade name or business name, or part of it, and deals in goods/services for which the mark is registered:] It also infringes under Section 29(5). [OPTIONAL—only for dissimilar goods/services, and only if reputation in India can be proved:] It also infringes under Section 29(4), because the registered mark has a reputation in India and the use, without due cause, takes unfair advantage of or is detrimental to its distinctive character or repute.

7. Passing off: The Proprietor has goodwill in the Proprietor's Mark among [customers/the trade] in [area]. The recipient's use is likely to lead them to believe that its goods/services are those of, or connected with, the Proprietor, and is likely to damage that goodwill. [OPTIONAL—omit unless documented:] Instances of actual confusion include [dated, specific instances].

8. The Proprietor calls upon the recipient, within [number] days of receiving this notice, to:
(a) stop using the Impugned Mark, and any other mark deceptively similar to the Proprietor's Mark, for [goods/services], including on goods, packaging, signage, business papers, websites, marketplaces and social media;
(b) [OPTIONAL:] change its trade name, domain name or handle [name] so that it no longer includes [element];
(c) [OPTIONAL:] withdraw Application No. [number];
(d) [OPTIONAL:] state the quantity of goods, labels and packaging bearing the Impugned Mark, and [deliver them up/destroy them and confirm destruction/sell them only until (date)];
(e) [OPTIONAL:] state the period and value of sales made under the Impugned Mark; and
(f) confirm compliance by a written undertaking signed by an authorised person.

9. If the recipient does not comply or reply within that period, the Proprietor may take the steps available to it in law, including a suit for injunction, damages or an account of profits, and delivery-up. All the Proprietor's rights and remedies are reserved, including in respect of [the recipient's application].

10. [OPTIONAL—omit unless instructed:] The Proprietor is willing to consider a written transition period for existing stock if the recipient confirms by [date] that it will comply.

11. The recipient is asked to preserve all documents and electronic records about its adoption and use of the Impugned Mark, and to send its reply to [postal address and e-mail].

[Signature]
[Name in capital letters], [capacity]
[For the Proprietor/As advocate or registered trade marks agent for the Proprietor]
Enclosures: [register extracts or Section 137 certificate; dated screenshots with URLs; test-purchase invoice]

Check before filing

Verify every registration on the register on the sending date: proprietor, goods or services, renewal status, conditions and disclaimers. The registration certificate itself is not to be used in legal proceedings; a certificate under Section 137 is used instead (Rule 56(2)). Do not describe a pending application or unregistered mark as registered, or claim that a registration covers goods it does not: that is a false representation under Section 107, which since 1 August 2024 attracts a monetary penalty instead of imprisonment. Plead Section 29(2) only where confusion or association is likely, and Section 29(5) only where the registered mark itself is used in the recipient's trade or business name. Before sending, check whether the recipient has its own registration (Sections 28(3) and 30(2)(e)), continuous use from an earlier date (Section 34), or uses its own name or a bona fide description (Sections 30(2)(a) and 35).

Section 142 lets a person threatened with infringement proceedings sue for a declaration, an injunction and damages unless the mark is registered and the acts would infringe it; it does not apply once the registered proprietor, or a registered user acting under Section 52(1), commences and prosecutes an infringement action with due diligence. Advocates and registered trade marks agents acting professionally are protected (Section 142(3)), but the client is not. Because threats can be made "by means of circulars, advertisements or otherwise", take particular care before writing to the recipient's customers, distributors or marketplaces. Set a realistic compliance period, and do not threaten steps the client will not take.

This is an original drafting framework, not an official statutory form or an assurance of acceptance. Match the notice, application, evidence and service dates; use the prescribed form and complete the applicable filing, service and execution requirements.

Relevant law and official sources

Trade Marks Act, 1999: Sections 27 and 28 (unregistered marks and passing off; rights conferred by registration)
Trade Marks Act, 1999: Section 29 (infringement) and Sections 30, 34 and 35 (limits and savings)
Trade Marks Act, 1999: Sections 134 and 135 (forum; injunction, damages or account of profits, delivery-up)
Trade Marks Act, 1999: Section 142 (groundless threats of legal proceedings)
Trade Marks Act, 1999: Section 107, as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 with effect from 1 August 2024 (falsely representing a mark as registered)
Trade Marks Rules, 2017: Rule 56(2) (certificate for legal proceedings under Section 137)
Commercial Courts Act, 2015: Section 12A (pre-institution mediation)

Trade Marks Act, 1999 — India Code
Trade Marks Rules, 2017 — IP India

Cease-and-desist notice for trademark infringement or passing off