Document background
The Trademark Infringement Demand Letter is a crucial legal instrument used when a trademark owner discovers unauthorized use of their mark or a confusingly similar mark in the Indian market. This document serves as the first formal step in trademark enforcement, typically issued before initiating court proceedings. It must comply with Indian trademark law, particularly the Trade Marks Act, 1999, and should clearly establish the sender's rights, detail the specific instances of infringement, and make explicit demands for the cessation of infringing activities. The letter is designed to achieve compliance without court intervention but also serves to document the trademark owner's attempts to resolve the matter amicably, which can be important if litigation becomes necessary. The document should be carefully drafted to maintain legal rights while leaving room for potential settlement discussions.
