Document background
A Cease And Desist Notice For Trademark Infringement is a crucial legal instrument used in India when a trademark owner discovers unauthorized use of their protected mark. This document is typically employed as the first formal step in addressing trademark infringement, before initiating court proceedings. It draws authority from the Trade Marks Act, 1999, and related Indian legislation, serving to formally notify the infringer of the violation and demand immediate cessation of infringing activities. The notice should be used when there is clear evidence of trademark infringement and the owner wishes to enforce their rights while potentially avoiding immediate litigation. It contains detailed information about the protected trademark, evidence of ownership, specific instances of infringement, demands for cessation, and potential legal consequences. The document's effectiveness lies in its ability to demonstrate the trademark owner's serious intent to protect their rights while providing the infringer an opportunity to comply before facing legal action.
