[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]