For copyright, trademark, or design infringement — cease and desist with damages demand.
High Court for copyright/trademark infringement. District Court for amounts below threshold.
3 years from date infringement discovered.
This coverage is provided by a practicing advocate. Specific sections cited depend on the facts you provide during drafting.
An intellectual property infringement notice is sent to a party that is using your trademark, copyright, patent, or design without authorisation. It demands immediate cessation of the infringing activity, removal of infringing material, and may claim damages for past infringement. This notice is also known as a cease-and-desist letter in IP contexts and is typically the first step before formal litigation or a complaint to the IP office.
Use this notice when someone is copying your logo, brand name, or tagline (trademark infringement); reproducing your creative work — music, software, writing, photography — without permission (copyright infringement); manufacturing your patented product or using your patented process without a licence (patent infringement); or copying your registered design (design infringement). Act promptly — continuing infringement worsens the damages.
IP rights in India are governed by: the Trade Marks Act, 1999 (trademark infringement — Section 29); the Copyright Act, 1957 (copyright infringement — Section 51, civil remedy Section 55, criminal Section 63); the Patents Act, 1970 (patent infringement — Section 104); the Designs Act, 2000 (design infringement — Section 22). Courts can grant Anton Piller orders (search and seizure), Mareva injunctions (asset freezes), and interim injunctions on an urgent ex-parte basis. The Information Technology Act also applies to online infringement.
If ignored, you can file a suit for infringement before the District Court or High Court (which has jurisdiction for IP matters). Courts routinely grant ex-parte ad interim injunctions in clear infringement cases, within 24–48 hours. You can also file a complaint with the Intellectual Property India office, the Customs authorities (for cross-border infringing goods), or the Cyber Crime Police (for online infringement).
For strongest protection, yes. A registered trademark (® symbol) gives you the statutory right to sue under the Trade Marks Act, 1999. However, you can also claim rights in an unregistered mark under the common law of passing off — if you have established reputation and goodwill in the mark.
Copyright protects original creative works (books, music, software, art) and arises automatically on creation — no registration needed, though registration is advisable. Trademark protects brand identifiers (name, logo, tagline) and requires registration for full statutory protection.
Yes. Send an IP takedown notice directly to the platform (Instagram, YouTube, Facebook) under their IP reporting process. Platforms are required to act under the IT Act's safe harbour provisions. For repeated infringement, a court order provides stronger enforcement.
You can claim: actual damages (proven loss of sales or royalties), account of profits made by the infringer, statutory damages (under copyright law), and aggravated/punitive damages for wilful infringement. Courts also routinely award legal costs in IP cases.
You must show: (1) you own a valid copyright, (2) the infringer had access to your work, and (3) there is substantial similarity between your work and the infringing work. Registration with the Copyright Office creates a presumption of ownership.
Patent infringement occurs when someone makes, uses, sells, or imports a product/process covered by the claims of your patent without a licence. You must compare each element of your patent claims against the accused product/process — this is a technical analysis that requires expert evidence.
No. Trademark registration with the Trade Marks Registry of India (Government of India) requires payment of official fees: ₹4,500 per class for individuals/startups, ₹9,000 per class for others. The process takes 18–24 months from application to registration.
Under the Limitation Act, 1963, the limitation period for a civil suit for IP infringement is 3 years from the date the infringement was known. However, damages can only be claimed for the 3 years preceding the suit. Act promptly to avoid limitation issues.
Please confirm all of the following before proceeding with your IP Infringement notice:
Please confirm all eligibility conditions above to proceed. If you are unsure about any point, you may not be eligible for this type of notice.