Trademark Infringement Warning Letter Template for India

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Trademark Infringement Warning Letter

"I need a Trademark Infringement Warning Letter for an e-commerce retailer who is selling counterfeit versions of our luxury handbags using our registered trademark in India; we want to demand immediate cessation of sales and removal of all listings within 7 days."

Document background
The Trademark Infringement Warning Letter is a critical legal instrument used in India when a trademark owner discovers unauthorized use of their protected mark. This document, governed by the Indian Trade Marks Act, 1999 and related regulations, serves as the initial formal communication in trademark enforcement. It is typically used before initiating court proceedings, giving the alleged infringer notice of the violation and an opportunity to cease their activities. The letter must include specific details about the trademark registration, nature of infringement, demands for cessation, and timeline for compliance. It should be drafted carefully to establish a strong legal position while maintaining the option for amicable resolution. The document's contents can be crucial evidence if subsequent legal action becomes necessary.
Suggested Sections

1. Sender Details: Full legal name, address, and contact information of the trademark owner or their legal representative

2. Recipient Details: Full name and address of the alleged infringer

3. Subject Line: Clear indication that this is a trademark infringement notice

4. Trademark Rights Declaration: Statement of ownership of the trademark, including registration details and date of first use

5. Description of Infringement: Detailed description of the alleged infringing activities with specific examples

6. Legal Basis: Citation of relevant provisions of the Trade Marks Act and other applicable laws

7. Cease and Desist Demands: Clear list of actions required from the recipient to remedy the infringement

8. Compliance Timeline: Specific deadline for the recipient to comply with the demands

9. Legal Consequences: Statement of potential legal actions if demands are not met

10. Closing: Formal closing including signature block and date

Optional Sections

1. Prior Communications: Reference to any previous attempts to resolve the matter, used when there have been prior contacts

2. Settlement Terms: Proposed terms for amicable resolution, included when the rights holder is open to immediate settlement

3. Undertaking Template: Draft undertaking for the infringer to sign, included when seeking written commitments

4. Damage Quantification: Calculation of estimated damages, included when seeking monetary compensation

5. Good Faith Statement: Statement assuming initial infringement was unintentional, used for more diplomatic approaches

Suggested Schedules

1. Trademark Registration Certificate: Copy of official trademark registration certificate

2. Evidence of Infringement: Photographs, screenshots, or other documentation of the infringing use

3. Market Presence Evidence: Documentation showing the trademark owner's market presence and reputation

4. Previous Correspondence: Copies of any relevant prior communications with the infringer

5. Draft Undertaking: Template of undertaking for the infringer to sign and return

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Retail

E-commerce

Consumer Goods

Fashion and Luxury

Technology

Pharmaceuticals

Food and Beverage

Entertainment

Media

Manufacturing

Professional Services

Automotive

Telecommunications

Relevant Teams

Legal

Intellectual Property

Brand Protection

Corporate Affairs

Risk Management

Compliance

Executive Leadership

Marketing

Business Development

Communications

Relevant Roles

Legal Counsel

Intellectual Property Attorney

Brand Protection Manager

Chief Legal Officer

Intellectual Property Manager

Corporate Counsel

Trademark Attorney

Chief Executive Officer

Brand Manager

Compliance Officer

Legal Operations Manager

Risk Management Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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