Cease and desist notice for trademark infringement in India
A notice is usually the first formal step against a copycat. Written well, it can end the matter without court.
Quick answer
A cease and desist notice tells the other side to stop using your mark and sets a deadline. There is no fixed statutory format. Be careful: Section 142 of the Trade Marks Act allows a suit against groundless threats of infringement, so send one only when your rights are clear.
What to include
- Your rights: trademark registration number or proof of use for an unregistered mark.
- What the other party is doing and how it infringes or passes off.
- What you want: stop use, withdraw listings or domain, account for sales.
- A reasonable deadline and a statement of the action you will take if they do not comply.
Last checked: 12 November 2026. This page is general information, not legal advice. Fees and rules change, so confirm on the official site before you file.
Registered vs unregistered marks
With a registered mark you can rely on infringement under Section 29. Unregistered marks are protected through passing off (Section 27(2) preserves this), which needs proof of goodwill, misrepresentation and damage.
The groundless threats rule
Under Section 142, a person aggrieved by groundless threats of infringement proceedings can sue for a declaration, an injunction and damages. A notice from a legal practitioner or a registered trademark agent acting professionally for you is protected. Get it reviewed before sending.
If they ignore it
- Marketplace complaints against listings.
- A civil suit for an injunction and damages in the court with jurisdiction under Section 134, with remedies under Section 135.
- Domain action under INDRP or UDRP if a domain is involved.
If you received a notice
Do not ignore it and do not admit anything in haste. Check their rights, compare the marks and goods, and reply in writing. A trademark search can show who has priority.
Frequently asked questions
Is a cease and desist notice mandatory before suing?
No, but courts like to see an attempt to resolve it, and it helps show the other side was warned.
Who should send it?
A legal practitioner or registered trademark agent. This also gives protection under Section 142(3).
What if they have a registered mark too?
Then the question turns on priority and similarity. Get advice before threatening action.
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Written by: Trademark Wale editorial team, with over 40 years of experience in trademark and IP work, serving 7000+ brands. Last updated: 12 November 2026.
Sources: Trade Marks Act, 1999 (Sections 27, 29, 134, 135, 142), IP India.
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