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Trademark Infringement Notice Services – ND Salva & Associates
Safeguard Your Brand from Trademark Violations
Trademark infringement occurs when a third party unlawfully uses a mark identical or deceptively similar to your registered trademark, leading to consumer confusion and damaging your brand’s reputation. At ND Salva & Associates, our experienced trademark lawyers provide strategic legal solutions, including the drafting and issuance of a Trademark Infringement Notice, to help protect your intellectual property and uphold your brand integrity.
What is Trademark Infringement?
Trademark infringement in India refers to the unauthorised use of a registered trademark or a mark deceptively similar to it, without the consent of the rightful owner. This could involve a logo, name, symbol, tagline, or design used in connection with similar goods or services, resulting in brand dilution and consumer deception.
Trademark infringement is actionable under Section 29 of the Trademarks Act, 1999, and legal steps must be taken immediately upon detection.
Types of Trademark Infringement
Direct Infringement
Without Authorisation – Use of a trademark without the owner’s consent.
Identical or Similar – The infringing mark is identical or confusingly similar to the registered mark.
Same Class of Goods/Services – The products or services involved fall under the same category as the registered trademark.
Indirect Infringement
Vicarious Infringement – A person/entity benefits from or controls an infringer but fails to stop the infringement.
Contributory Infringement – Someone who facilitates or contributes to the infringement knowingly.
Grounds for Sending a Trademark Infringement Notice
Under Section 29 of the Trademarks Act, you can send a legal notice for trademark infringement if:
The infringer uses a mark identical or deceptively similar to your registered trademark.
There is a likelihood of confusion among consumers.
The infringing mark takes unfair advantage of your trademark’s reputation in the market.
Your mark is used without consent on packaging, labels, websites, or advertisements.
The infringing use damages or tarnishes your brand’s image.
At ND Salva & Associates, we assess all legal grounds and draft a comprehensive notice to assert your rights effectively.
When Should You Send a Trademark Infringement Notice?
You should issue a Trademark Violation Notice in cases involving:
Unlawful Use of your registered trademark.
Market Confusion due to visual, phonetic, or conceptual similarity.
Commercial Exploitation of your brand name or goodwill.
Use in Marketing or Packaging without authorization.
Substantial Imitation, even with minor differences.
Key Elements of a Trademark Infringement Notice
A well-drafted trademark infringement notice from ND Salva & Associates includes:
Your Ownership Details – Name, registration number, class of goods/services
Infringer’s Information – Full name, address, and details of infringement
Trademark Description – Visuals, design, and usage specifics
Evidence of Infringement – Screenshots, product labels, ads, or web content
Cease & Desist Demand – Immediate withdrawal of the infringing mark
Legal Consequences – Notification of potential civil/criminal proceedings
Response Timeline – Reasonable deadline (typically 15–30 days)
Contact for Legal Resolution
This notice acts as a formal warning and a pre-litigation remedy, often prompting compliance without the need for court action.
Exceptions to Trademark Infringement (Section 30)
A registered trademark is not considered infringed in the following situations:
When used to describe characteristics (type, quality, origin, value, etc.)
If usage falls within the limitations of the trademark registration
By a registered user or licensee under legal agreement
In case of fair use or comparative advertising (in specific legal contexts)
When the use is non-commercial or done without intent to deceive
Understanding these exceptions is crucial before proceeding with a notice. We carefully evaluate all circumstances to avoid frivolous claims.
Procedure to Draft a Legal Notice for Trademark Infringement
At ND Salva & Associates, we follow a legally sound and efficient process:
Step 1: Legal Consultation
We analyse the nature of infringement, check trademark registration status, and gather supporting evidence.
Step 2: Drafting the Infringement Notice
Our IP lawyers prepare a professionally worded Trademark Infringement Notice, citing relevant provisions under the Trademarks Act, detailing the nature of infringement, and outlining legal remedies.
Step 3: Issuance & Delivery
We issue the notice to the infringer through:
Email – For quick communication
Registered Post – For legal documentation and evidence of service
Step 4: Legal Follow-Up
If the infringer fails to comply within the specified timeline, we initiate further litigation or injunction proceedings as per client instructions.
Why Choose ND Salva & Associates?
At ND Salva & Associates, we combine legal expertise, deep domain knowledge, and client-first advocacy to ensure your trademark rights are protected.
What Sets Us Apart:
Experienced IP Attorneys – Skilled in trademark law, infringement litigation, and enforcement
Customised Legal Strategy – Based on your brand, industry, and jurisdiction
Swift Action & Precise Drafting – No time lost in protecting your brand
Pan-India Service – Issuing notices and taking action across all states and jurisdictions
Comprehensive IP Protection – From registration to litigation
We ensure that every Trademark Infringement Notice issued through our firm is legally enforceable, professionally presented, and aligned with your business objectives.
Protect Your Trademark with ND Salva & Associates
If someone is misusing your trademark, don’t delay. A timely legal notice can prevent long-term damage and help enforce your rights swiftly.
