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Trademark Infringement Notice Services | Savlana Init
Trademark · Infringement

Trademark Infringement Notice — The First, Formal Step to Stop It.

Unauthorised use of your registered mark rarely stops on its own. A properly drafted cease-and-desist notice is usually the fastest, lowest-cost first step to shutting it down.

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Trademark infringement occurs when a third party uses an identical or deceptively similar mark for identical or similar goods/services without the registered owner's permission, in a manner likely to cause confusion. Under Section 29 of the Trade Marks Act, the registered owner has the right to take action against such use — and the standard, most cost-effective first step is a formal cease-and-desist infringement notice, putting the infringer on record notice and demanding they stop.

A well-drafted notice does more than demand a stop — it establishes the registered owner's rights (registration details, class, date), sets out the specific infringing conduct with evidence, and gives a clear, reasonable deadline for compliance, which matters both for prompting a genuine response and as a documented step if the matter later escalates to formal legal proceedings.

We gather the evidence of infringing use, draft the notice to be legally precise and commercially effective, and track the infringer's response (or lack of one), advising on next steps — including formal suit for infringement or passing off — where the notice alone doesn't resolve the matter.

Our Infringement Notice Services

Infringement Evidence Gathering

Compiling evidence of the unauthorised use — screenshots, product samples, marketing materials, and dates.

Ownership & Registration Verification

Confirming the registered mark's status, class, and specification to ground the notice in an enforceable registration.

Cease-and-Desist Notice Drafting

Drafting a legally precise, commercially effective infringement notice demanding the infringer stop.

Notice Dispatch & Delivery Confirmation

Sending the notice through appropriate channels and confirming delivery for evidentiary purposes.

Response Review & Negotiation

Reviewing the infringer's response, if any, and negotiating a resolution such as a phase-out or licensing arrangement where appropriate.

Follow-Up/Escalation Notice

Issuing a follow-up or escalated notice where the initial notice doesn't prompt compliance.

Litigation Referral Advisory

Advising on and preparing the groundwork for formal infringement/passing-off suit where the notice route is exhausted.

Online Marketplace Takedown Support

Assistance with takedown requests to e-commerce platforms hosting infringing listings using the mark.

Our Process

1

Evidence Collection

We gather evidence of the unauthorised use, including dates, screenshots, and samples where relevant.

2

Registration Verification

The registered mark's current status and specification are verified to ensure the notice is grounded correctly.

3

Notice Drafting

A formal cease-and-desist notice is drafted setting out the rights, the infringing conduct, and a clear compliance deadline.

4

Dispatch & Tracking

The notice is sent and delivery is confirmed, with the response deadline tracked.

5

Response Handling

Any response is reviewed and negotiated, or escalation/next steps are advised where there's no satisfactory response.

Why It Matters

Notice grounded in verified, current trademark registration details
Evidence of infringing use compiled systematically before the notice is sent
Notice drafted to be both legally sound and genuinely likely to prompt compliance
Delivery confirmed for evidentiary purposes if the matter escalates later
Response negotiated where a commercial resolution makes sense
Escalation path advised clearly where the initial notice doesn't resolve it
Marketplace takedown support for online infringing listings
Cost-effective first step before committing to full litigation

Frequently Asked Questions

It's not strictly mandatory in every case, but it's standard practice — a notice is faster and cheaper than litigation, often resolves the matter on its own, and creates a documented record of the demand if the matter does escalate to a formal suit later.
Details of the registered mark and its registration, a description of the specific infringing conduct with supporting evidence, the legal basis for the claim, and a clear, reasonable deadline by which the recipient must stop the infringing use or respond.
Depending on the situation, next steps can include a follow-up/escalated notice, a formal complaint to an online marketplace hosting the infringing listing, or proceeding to file a formal suit for infringement and/or passing off before the appropriate court.
Formal infringement remedies under Section 29 require a registered trademark; if the application is still pending, a passing-off claim (based on established goodwill and reputation, independent of registration) may be available instead, which is a different legal basis than statutory infringement.
Yes, in some cases a negotiated outcome — such as the infringer phasing out use, modifying their mark, or entering a licensing arrangement — can be a commercially sensible resolution instead of pursuing the matter to a full stop through litigation.
Most major online marketplaces have their own trademark takedown/complaint processes that can be used alongside or instead of a direct notice to the seller, and we can assist with filing these platform-specific complaints.

Found someone using your registered trademark without permission?

Send us what you've found — we'll verify your registration, compile the evidence, and draft the notice.