Trademark · Done for you
Trademark Infringement Legal Notice & Defense
Trademark Infringement Legal Notice & Defense, handled from our Bengaluru office. You get a written quote first, pay online and follow every step in your own login.
- Follow every step from your phone
- Written quote first
Follow-Up
Trademark Infringement Legal Notice & Defense · sample
Every step tracked in your login
- Written quote before any work
- Secure online payment
- One office number
What you get
Everything handed over, nothing left hanging.
Follow-Up
Kept in your login to download any time, with every paper of the work.
Every step in view
Your quote, payment, documents and each stage of the work on one screen.
Reminders before dates
The returns and renewals that follow are added to your dates, with a reminder before each.
A person to ask
Chat with the team doing the work. Calls go to the one office number.
At a glance
What this service covers
Infringement Audit
We research the extent of misuse, gathering evidence like invoices, website screenshots, and market evidence.
Legal Notice Drafting
Crafting a strong, formal notice demanding immediate cessation, damages, and a written undertaking.
Court Action
Filing suits for permanent injunction and monetary damages in the High Court if the notice is ignored.
The work, stage by stage
Stages of the work
You see these same stages in your login once the work starts, and you are told when each one is done.
- 1
Client Consultation
We understand the nature of the infringement and the infringer's business.
- 2
Notice Drafting
- 3
Dispatch
The notice is sent via Registered Post and Email, commencing the legal clock.
- 4
Follow-Up
If no reply, we prepare to file an interlocutory injunction in the appropriate High Court.
Good to know
More about Trademark Infringement Legal Notice & Defense
What is Infringement?
Infringement occurs when an unauthorized party uses your registered trademark (or a deceptively similar mark) in the course of trade, causing confusion among consumers. This is a civil offense that requires immediate legal intervention.
If you have received a legal notice, you have a limited time to respond. Ignoring it is highly risky and can be detrimental to your defense.
Key Legal Actions
If You are the Owner (Taking Action):
- Issue Cease & Desist Letter
- Formal legal warning to stop misuse.
- File Suit for Injunction
- Seeking a court order to immediately stop the infringement.
If You Receive a Notice (Defense)
Do not ignore it. Immediate defense is vital:
- Stop Use Immediately
- Halt all usage of the disputed mark.
- Check Deadline
- The notice requires a reply within 7-15 days.
- File Legal Reply
- We draft a formal reply denying infringement or establishing prior use.
- Alternative Dispute
- We negotiate for a co-existence agreement or non-use affidavit.
- Prepare Defense
- Prepare to defend in court against an injunction suit.
Questions
Frequently asked
Something else on your mind? Call the office - it is always the same number.
How much are the damages in an infringement suit?
Damages can vary significantly. Courts often award either actual loss of profit suffered by the owner or damages decided by the court for continued misuse after the legal notice.
Is trademark registration required to send a legal notice?
To send a strong Cease & Desist letter, it is highly recommended to have a registered trademark (®). While common law rights exist, only a registered mark allows you to file a suit for infringement.
Can I file an infringement suit in any city?
No. You can file the suit where the defendant resides/conducts business OR where the infringement occurred OR where the Plaintiff (Owner) carries out business.
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Your brand has been approved!
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Protect your brand from competitors.
View the serviceTrademark Hearing
Received a Hearing Notice after filing your Objection Reply?
View the serviceTrademark Rectification
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View the serviceNext step
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