Trademark Infringement Notice
A cease and desist that is worth sending.
A properly drafted notice resolves most infringements without litigation, because it makes the cost of continuing clear and the route to stopping easy. A badly drafted one invites a groundless-threat counterclaim.
The notice has to identify the registration relied on, the specific use complained of, the harm, and what the recipient must do and by when. Overreaching on any of these weakens it.
Where the mark is unregistered the claim is passing off rather than infringement, which requires goodwill, misrepresentation and damage to be shown — a higher bar, and worth knowing before the notice goes out.
What is included
- Infringement assessed against your registration
- Evidence of the infringing use captured and dated
- Notice drafted and served
- Negotiation, undertaking or escalation to suit
What we need from you
- Your registration certificate
- Evidence of the infringing use — listings, packaging, screenshots
- Evidence of your own use and reputation
- Details of the infringer
Questions
Can I send an infringement notice without a registered trademark?
You can bring a passing-off claim on an unregistered mark, but you must prove goodwill, misrepresentation and damage — considerably harder than infringement of a registration, where the registration itself is the proof of right.
Also in Trademark & IP
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Get started with Trademark Infringement Notice
Tell us a little about the business and a chartered accountant will call you back. You will get a firm quote before any work begins.
- A qualified accountant on the call, not a call centre
- A firm quote before any work begins
- Your details are never sold or shared