Reply to Trademark Cease-and-Desist Notice Draft

Enforcement notices

Answer each allegation on the record, without loose admissions, and state the noticee's position, defences and any proposal clearly.

Legal references checked: 15 October 2026

How to test the claims in a notice

Start with the register, not the notice. Infringement under Section 29 needs a registered mark and use of an identical or deceptively similar mark, generally for the registered goods or services or similar ones; Section 29(4) reaches dissimilar goods only where the mark has a reputation in India. Defences include the noticee's own registration (Sections 28(3) and 30(2)(e)), continuous use from an earlier date (Section 34), and bona fide use of its own name or of a description (Sections 30(2)(a) and 35). An unregistered mark supports only passing off (Section 27), which needs goodwill, misrepresentation and likely damage. A weak registration may also be open to rectification under Section 47 or 57.

Filing period and procedure

No statutory period applies. Reply within the time stated in the notice where possible, or ask in writing for a short extension, and send the reply by a mode that gives proof of delivery; if a suit seems likely, consider having an advocate lodge a caveat under Section 148A of the Code of Civil Procedure, 1908 in the court where it is expected.

Before you prepare the draft

Facts to confirm

Date and manner of adoption of the noticee's mark, and its continuous use history
Register status of both parties' marks: numbers, goods or services, conditions, disclaimers and renewal
Whether the noticee's use began before the notice-giver's first use and registration
Actual differences in marks, goods, customers, trade channels and get-up
The outcome the noticee wants: continue, modify, coexist or move to a new mark

Evidence to keep ready

Dated invoices, catalogues, advertisements and website archives showing first and continuous use
Register extracts for both parties' marks, checked on the reply date
Search reports and adoption records showing how the mark was chosen
Third-party uses or registrations of any shared element
Proof of when the notice-giver learned of the noticee's use

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
[Name of the advocate or person who issued the notice]
[Address]

Subject: Reply to the notice dated [date] issued on behalf of [notice-giver's legal name] concerning [mark]

1. This reply is sent on behalf of, and on the instructions of, [noticee's legal name], [constitution], of [address] (the "Noticee"), to the notice dated [date], received on [date] (the "Notice"), issued on behalf of [notice-giver's legal name] (the "Notice-giver"). Statements in the Notice are not admitted except where expressly admitted below, and the absence of a reply to any particular statement is not an admission of it.

2. The Noticee's mark: The Noticee carries on the business of [actual business] at [places] and has used [Noticee's mark] (the "Noticee's Mark") for [goods/services] since [date], [continuously/state any gaps]. It adopted the mark because [honest reason, e.g. derivation, meaning or founder's name] [OPTIONAL: after a search conducted on (date)]. [OPTIONAL—omit unless supported by records:] Its sales under the mark for [period] were about Rs. [amount].

3. The register: According to the register checked on [date], [the Notice-giver's Registration No. (number) in Class (class) covers (goods/services as registered) (subject to (conditions or disclaimer))/the Notice-giver's mark is not registered, and Application No. (number) is (status)]. [OPTIONAL—omit unless true:] The Notice describes [mark] as registered for [goods/services], but the register shows [actual position].

4. No infringement [keep only the grounds that apply]:
(a) The Noticee's goods/services, namely [list], are not the same as or similar to the goods/services covered by the registration, because [their nature, purpose, users and trade channels differ: (details)].
(b) Compared as wholes, the marks differ in [appearance/sound/idea]. The shared element [element] is [descriptive of/common in the trade for/disclaimed in respect of] [goods/services], as shown by [register search or market evidence].
(c) [OPTIONAL—only if the Noticee's mark is registered:] The Noticee is the registered proprietor of Registration No. [number] in Class [class] for [goods/services]. Its use within that registration is use in exercise of the right given by registration (Section 30(2)(e)), and Section 28(3) applies between the two registered proprietors.
(d) [OPTIONAL—only if documents prove it:] The Noticee [and its predecessor (name)] has continuously used the Noticee's Mark for [goods/services] since [date], which is earlier than both the Notice-giver's first use of its mark for those goods/services and the date of its registration. Section 34 therefore protects that use.
(e) [OPTIONAL—only for own-name or descriptive use:] The words [words] are used as [the Noticee's own name/the name of its place of business/a bona fide description of the character or quality of its goods/services], which Section 35 protects [OPTIONAL—for descriptive use only: and which Section 30(2)(a) also covers].

5. No passing off: [The Notice does not show goodwill in (mark) among the relevant customers in (area) on (date the Noticee began use)./The get-up, customers and trade channels differ: (details).] No instance of confusion is known to the Noticee in [period] of concurrent use. [OPTIONAL—only if documented:] The Notice-giver has known of the Noticee's use since at least [date], as shown by [document].

6. [OPTIONAL—only after review:] The Noticee reserves its right to apply, to the Registrar or the High Court as the Act now provides, for rectification of the register in respect of Registration No. [number], including for non-use under Section 47 [if the period described there has run] and under Section 57.

7. [OPTIONAL—only after review:] The Notice threatens infringement proceedings in respect of [a mark that is not registered/acts that do not infringe the registration]. The Noticee reserves its rights under Section 142 of the Trade Marks Act, 1999.

8. [OPTIONAL—omit unless instructed:] Without admitting liability, the Noticee is willing to discuss [use of its house mark alongside the Noticee's Mark/a distinguishing get-up/limiting its goods to (goods)], as set out in a separate letter marked "without prejudice".

9. For these reasons, the Noticee declines the demands in paragraph(s) [numbers] of the Notice [OPTIONAL: except (specific point agreed)] and asks the Notice-giver to withdraw the Notice. [OPTIONAL:] It asks for copies of [the registration certificates/documents supporting the claimed first-use date] relied on in the Notice. All the Noticee's rights and remedies are reserved.

[Signature]
[Name in capital letters], [capacity]
[For the Noticee/As advocate or registered trade marks agent for the Noticee]

Check before filing

Check the register yourself: proprietor, goods or services, conditions, disclaimers and renewal status. Section 34 protects only use that is continuous and earlier than both the registered proprietor's first use and its registration date, so prove the dates with documents rather than recollection. Section 33 acquiescence needs five continuous years of known use of a registered later mark, and does not apply if the later registration was not applied for in good faith. State dates and facts carefully, because the reply may be produced in court. If the noticee plans to challenge the validity of the notice-giver's registration in an infringement suit, Section 124 governs the stay of the suit, and Section 125, as amended by the Tribunals Reforms Act, 2021, requires that rectification application to be made to the High Court, not the Registrar.

If the noticee decides to stop or change use, record the date: under Section 135(3)(b), a court cannot award damages (other than nominal damages) or an account of profits for infringement where the defendant shows it was unaware of the registration, with no reasonable ground to believe otherwise, when it began use, and stopped as soon as it learned of the right; Section 135(3)(c) has a similar rule for passing off. Keep settlement proposals in a separate "without prejudice" letter. A caveat under Section 148A of the Code of Civil Procedure, 1908 must be served by registered post, acknowledgement due, on the expected applicant, and lapses after ninety days unless the expected application is made within that time. A groundless-threats claim under Section 142 fails if the mark is registered and the acts would infringe, so take advice before relying on it.

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: Section 27 (passing off preserved) and Section 28(3) (rights between registered proprietors)
Trade Marks Act, 1999: Section 29 (infringement) and Section 30, including clauses (2)(a) and (2)(e) (limits on effect of registration)
Trade Marks Act, 1999: Sections 33, 34 and 35 (acquiescence; vested rights; own name and description)
Trade Marks Act, 1999: Sections 47, 57, 124 and 125, read with the Tribunals Reforms Act, 2021 (rectification; stay of suits)
Trade Marks Act, 1999: Section 135(3) (limits on damages) and Section 142 (groundless threats)
Code of Civil Procedure, 1908: Section 148A (caveat)

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

Reply to a trademark cease-and-desist notice