Trademark Infringement Cease and Desist Notice Format

[ON THE LETTERHEAD OF THE ADVOCATE]

By Registered Post A/D, Courier & Email

Date: [DD/MM/YYYY]

To,
[Name of Infringing Party / Company]
[Address]

Subject: Cease and desist notice for infringement of the trademark "[MARK]" and passing off.

Sir/Madam,

Under instructions from my client, [Proprietor Name], [a company incorporated under ___], having its office at [Address], I serve upon you the following notice:

1. That my client has been using the trademark "[MARK]" [and logo] continuously since [Year] in respect of [goods/services], and has built substantial goodwill and reputation in it through [sales, advertising, online presence].

2. That my client is the registered proprietor of the mark under Registration No(s). [___] in Class(es) [___], valid and subsisting (copies enclosed). [Where unregistered: my client has prior and continuous use and goodwill in the mark.]

3. That it has come to my client's notice that you are using the mark "[INFRINGING MARK]" [and/or the domain / handle ___] for [goods/services], which is identical with or deceptively similar to my client's mark, as shown in the enclosed comparison.

4. That such use, without licence or consent, is likely to cause confusion and deception among the trade and public, and constitutes infringement under Section 29 of the Trade Marks Act, 1999 and passing off.

I therefore call upon you, within [seven (7) / ten (10)] days of receipt of this notice, to:
   (a) immediately cease and desist from using the impugned mark or any deceptively similar mark, in any form or medium;
   (b) withdraw and surrender all goods, packaging, labels and promotional material bearing it;
   (c) [withdraw / abandon trademark application no. ___ / transfer the domain ___ to my client];
   (d) disclose your sales under the impugned mark; and
   (e) furnish a written undertaking to this effect.

If you fail to comply, my client shall initiate proceedings for injunction, damages or rendition of accounts, delivery up and costs under Section 135 of the Act, and such other action as is available in law, without further notice.

This notice is without prejudice to my client's rights, all of which are reserved.

[Advocate Name]
[Enrolment No. / Contact]